14-E
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Tae Rhee, Director of Finance/City Treasurer
SUBJECT: Consideration and possible action to receive and file Agreement File No. 394.3 with MuniServices, LLC for cannabis tax audit services.
DATE: November 14, 2022
EXECUTIVE SUMMARY
The Finance Department released a request for proposals dated June 15, 2022, for cannabis tax audit services and received proposals from three audit firms. Based on the qualifications and costs, staff selected the lowest fee proposer MuniServices, LLC for the audit of four dispensaries in the City. The audit will commence soon and encompass quarterly tax returns and payments made for three calendar years of 2019 through 2021.
RECOMMENDATION TO CITY COUNCIL
1) Receive and file Agreement File No. 394.3; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The total cost to conduct the audit of four dispensaries for three calendar years of 2019 through 2021 by MuniServices, LLC is $38,400.
BACKGROUND
BMC § 3.37.260(C) authorizes the audit of cannabis businesses operating in the City of Bellflower. Based on the request for proposals dated June 15, 2022, for cannabis tax audit services, the Finance Department received proposals from three audit firms with the following fees for the audit of four dispensaries for three calendar years of 2019 through 2021:
MuniServices, LLC $38,400
The Pun Group LLP $79,572
HdL Companies $85,000
- 1 -
Staff Report – AFN 394.3 with MuniServices, LLC for cannabis tax audit services November 14, 2022
BACKGROUND – Continued
Based on the qualifications and costs, staff selected the lowest fee proposer MuniServices, LLC for the audit of four dispensaries in the City and the audit will commence in November.
MuniServices, LLC has extensive experience in the cannabis industry performing more than 100 cannabis tax compliance audits for the municipalities in California.
ATTACHMENT
Agreement File No. 394.3 with MuniServices, LLC ........................................................ 3 - 2 -
AGREEMENT FILE NO. 394.3
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF BELLFLOWER
AND
MUNISERVICES, LLC
CANNABIS TAX AUDIT SERVICES
This AGREEMENT is entered into this 22 d day of August 2022, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation ("CITY") and MUNISERVICES, LLC, a Delaware limited liability company ("CONSULTANT"). The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT for CONSULTANT's services not to exceed sum(s) as set forth in duly executed Task Order(s). CITY will pay this sum(s) on a contingency fee basis as specified in the duly executed Task Order which is incorporated herein.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform cannabis tax audit services listed in the attached Exhibit "B," which is incorporated by reference. The provisions contained in this Agreement will supersede any conflicting provisions in Exhibit B.
B. The specific services required of CONSULTANT under this Agreement will consist of the tasks and obligations defined in a Task Order approved by CITY and CONSULTANT, in response to specific project scopes of work and services requested by CITY. Any duly executed and approved Task Order will become a part of this Agreement. The standard form for the Task Order is set forth in Exhibit A.
C. Consulting services required by CITY will be provided on an as-needed basis with CITY determining and advising CONSULTANT as to when specific services are required to be performed or completed by CONSULTANT.
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 3 -
City of Bellflower
Agreement File No. 394.3
MuniServices, LLC
D. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3. PAYMENTS.
A. For CITY to pay CONSULTANT as specified by this Agreement and as set forth in each approved Task Order, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (atl as set forth in Exhibit A"), the tasks performed, the percentage of the task completed during the billing period, and the cumulative percentage completed for each task.
B. Except as otherwise provided in a Task Order, the maximum not-to- exceed amount for any individual Task Order will be limited to $25,000.
CITY's city manager may make payments up to $25,000 for special items of work not included in the project scope of work and services as set forth in the Task Order. Payments for special work will only be made after CITY issues a written notice to proceed for the specific special tasks. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY issues a notice to proceed for special work. All special work will be subject to all other terms and provisions of this Agreement.
4. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that CONSULTANT has
i.Carefully investigated and considered the scope of services to be performed;
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 4 -
City of Beliflower
Agreement File No. 394.3
MuniServices, LLC
ii.Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY.
6. TERM.
A. The initial term of this Agreement will be for a period of three years beginning on the date of this Agreement, except that the term will be extended to the completion date of any Task Order in effect at the end of the term of this Agreement.
B. The term of this Agreement and any Task Order may be extended as determined by the City Manager or by written amendment to the Agreement or any Task Order.
C. The time allowed for CONSULTANT's completion of the services to be provided in accordance with the provisions of any Task Order will be as set forth in the Task Order.
D. When services are requested by CITY under a duly executed and approved Task Order(s) and a written notice to proceed is provided by the City, CONSULTANT will commence the requested services within a three- week notice period at any time during the term of this Agreement. CITY may terminate this Agreement as stated in Section 14.
7. COMMENCEMENT OF WORK. CONSULTANT will not perform any work for specific project scopes of work and services under duly executed and approved Task Orders under this Agreement until:
A. CONSULTANT furnishes annual proof of insurance as required under Section 22 of this Agreement;
B. CITY gives CONSULTANT a written notice to proceed; and C. Should CONSULTANT begin work on any approved Task Order in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk.
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 5 -
City of Beilflower
Agreement File No. 394.3
MuniServices, LLC
8. TIME EXTENSIONS DUE TO DELAY. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the City Manager within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The City Manager will extend the completion date, when appropriate, for the completion of the contracted services.
9. CHANGES. CITY may order changes in the services within the general scope of this Agreement, or in any duly executed Task Order, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly.
All such changes must be authorized in writing, executed by CONSULTANT and CITY.
The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
10.TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer ldentification Number.
11.PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
12.PROJECT COORDINATION AND SUPERVISION.
A. CONSULTANT's professional services will be actually performed by, or immediately supervised by the individuals named in Exhibit B unless another qualified person(s) is approved by the City Manager.
B. A specific individual employed by CONSULTANT, and approved by the City Manager, will be assigned as Project Manager for each specific project defined in the Task Orders. The assigned Project Manager will be responsible for job performance, fee negotiations, and contractual matters, and is personally in charge of and personally supervise or perform the technical execution of the Project on a day-to-day basis on behalf of CONSULTANT, and will maintain direct communication with CITY's Project Manager.
C. Should the Project Manager be unable to complete his/her respective responsibilities on any specific project assignment as set forth in the Task Order, for any reason, he/she will be replaced by another qualified person approved by the City Manager.
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 6 -
City of Beliflower
Agreement File No. 394.3
MuniServices, LLC
13. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
14. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement, or any individual Task Order, at any time with or without cause. Notice will be in writing at least thirty (30) days before the effective termination date.
B. CONSULTANT may terminate this Agreement, or any individual Task Order, at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.
C. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property.
CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
D. Should the Agreement, or any individual Task Order, be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section.
15.NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither art will be deemedPY to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other party. The party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other party within fifteen (15) days from the date on which the party received notice of breach, the non-breaching party may terminate this Agreement.
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 7 -
City of Bellflower
Agreement File No. 394.3
MuniServices, LLC
16.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT generated specificaliy for the CITY under this Agreement are CITY's property. CONSULTANT may retain copies of ments and materials as desired but will deliver all ori inal materials to CITYsaiddocug upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work I
product, is at CITY's own risk.
17.PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or City without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement betweenI' the parties.
I
18.INDEMNIFICATION.
A. CONSULTANT agrees to the following:
i.Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY's sole negligence or willful misconduct.
ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance,
CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 8 -
City of Bellflower
Agreement File No. 394.3
MuniServices, LLC
B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 21, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
19.ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void.
20.INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
21.AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times during normal business hours to such records as long as such access does not unreasonably disrupt CONSULTANT's business operations, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
22.INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 9 -
City of Bellflower
Agreement File No. 394.3
MuniServices, LLC
Type of Insurance Limits (combined single)
Commercial general liability: 2,000,000
Professional Liability 1,000,000
Business automobile liability 1,000,000
Workers compensation Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88 or its equivalent. Such insurance will be on an occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City or upon ten (10) days prior written notice to City in the case of cancellation for nonpayment of premium.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto} or its equivalent.
D. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis,"CONSULTANT will continue to maintain the professional liability insurance in effect for a period of three 3) years after this Agreement expires or is terminated ("extended insurance"). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by City arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
E. CONSULTANT will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M.
Best Company Rating equivalent to at least a Rating of "A:VII." DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 10 -
City of Bellflower
Agreement File No. 394.3
MuniServices, LLC
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate.
G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self-insured retention SIR") and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY's behalf upon the CONSULTANT'S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
23.USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any subcontractor while performing any portion of this Agreement. Such approval must be of the proposed subcontractor and the terms of compensation. The subcontractor for any specific project scopes of work and services will be listed in the Task Order.
24.INCIDENTAL TASKS. When required by any Task Order, CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
25.NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONSULTANT
Finance Director MuniServices, LLC
City of Bellflower Attn: Legal Dept
16600 Civic Center Drive 7625 North Palm Avenue, Suite 108 Bellflower, CA 90706 Fresno, CA 93711
trhee bellflower.orq
Fax: (562) 925-8660 Fax: (559) 312-2852
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 11 -
City of Bellflower
Agreement File No. 394.3
MuniServices, LLC
Copy to:MuniServices, LLC
Attn: Contracts Department
5860 Trinity Parkway, Suite 120
Centreville, VA 201 ZO
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
26.SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should in this A reement withoutCONSULTANTbreachorviolatethiswarranty, CITY may resc d g liability.
27.THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. Notwithstanding the foregoing provisions, the State of California may exercise the rights reserved for it under this Agreement to ensure compliance with applicable California laws and regulations.
28.INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involvin this a reement will be in Ventura County.g 9
29.COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.
30.ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the Parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are three Exhibits to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
II
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 12 -
Cit of BellflowerY
Agreement File No. 394.3
MuniServices, LLC
31.CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
A. Exhibit A: Task Order;
B. Exhibit B: Proposal; and
C. Exhibit C: Request for Proposals
32.RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or a ainst either Part .9 Y
a court of com etent33.SEVERABILITY. If any portion of this Agreement is declared by p jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
34.AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Bellflower City Council. This Agreement is not binding upon CITY until executed by the city manager. The Parties epresent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's city manager may execute any such amendment on behalf of CITY.
35.ACCEPTANCE OF ELECTRONIC SIGNATURES. In accordance with Government Code § 16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
36.COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
37.CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
38.FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other.
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 13 -
City of Beilflower
Agreement File No. 394.3
MuniServices, L C
39.TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
40.STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with rivate consultants and ex erience in dealin with ublic a encies all su est that I
P P 9 P 9 99
CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF BEL ER MUNISERVICES, LLC
Jeffrey . S w , ity Manager Carl Kumpf, Chief Financial Officer ATTE T:
Taxpayer ID No. 13-3528885
a O hiqui, ity lerk
APPROVED TO ORM:
Karl H. Berger,; "ity Attorney
v'
Attachments:
Exhibit A—Task Order
Exhibit B — MuniServices, LLC Proposal dated July 14, 2022 Exhibit C — City of Bellflower Request for Proposals, dated June 15, 2022 DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 14 -
City of Bellflower
Agreement File No. 394.3
MuniServices, LLC
Exhibit A
TASK ORDER 1 — CONSULTANT SERVICES
Contractor: MuniServices, LLC
7625 North Palm Avenue, Suite 108
Fresno, CA 93711
Project Name: Cannabis Tax Audit Services
City Contact: Tae Rhee, Finance Director
16600 Civic Center Drive, Bellflower, CA 90706
trhee(c bellflower.org
562) 804-1424
Scope of Work: MuniServices LLC is hereby authorized to provide cannabis tax audit services for the following four businesses for their dispensaries/retail sales for three calendar years 2019-2021:
The Medicine Woman Group, LLC
NC3 Systems Inc, DBA Deli by Caliva
Joint Forces, LLC, DBA Greenwolf
EEL Holdings, LLC, DBA Catalyst
Due Date: January 31, 2023
Compensation: Compensation for services rendered under this task order will 38,400, which is all inclusive including out-of-pocket costs and attending City Council Meetings to present the audit reports, findings d other issues.
Work Authorized By:Z6 ZZ-
Jeffr te rt, City Manager at
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 15 -
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DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 16 -
MU N I CAN NABIS TAX AU DIT SERVICES
AN A V E N U INSIGHTS€ANALYTICS COMPANY
Statement of Interest
July 14, 2022
Tae Rhee
Director of Finance
City of Bellflower
16600 Civic Center Dr.
Bellflower, CA 90706
RE:RFP for Cannabis Tax Audit Services
Dear Tae:
Thank you for giving us the opportunity to provide our proposal for Cannabis Tax Audit Services.
MuniServices shares your understanding of the critical need to maximize the local tax revenue that funds your City services and prepares your jurisdiction for the future that you want. We welcome the opportunity to expand our partnership with the City of Bellflower to achieve these goals.
For 40 years, MuniServices has worked exclusively with public agencies to protect, enhance, and administer local tax revenue and fees. More than 3,000 clients nationwide, and 300 in California alone, have engaged us to address their revenue challenges with our concierge-level services.
MuniServices' has performed more than 100 cannabis tax compliance audits for California municipalities, providing us with the well-established, institutional knowledge on regulations, taxation, acquisition, cultivation, production, and distribution of cannabis. Our extensive experience in this industry uniquely qualifies our firm to perform professional services to assist with implementation, development, optimization, and enforcement of local cannabis taxes and regulations.
Laura Burnett, Client Success Manager, will serve as the City's primary contact for this project. Laura may be reached by email at [email protected], or by phone at 805.990.2348.
As MuniServices' Chief Financial Officer, I am duly authorized to commit MuniServices to a contract and represent the firm in all oral presentations and negotiations.
The proposal included here is valid for a period of at least 90 days from the date of this proposal.
Sincerely,
Carl Kumpf,
Chief Financial Officer
MuniServices, LLC
CITY OF BELLFLOWER
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 17 -
U N I CANNABIS TAX AUDIT SERVICES
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Description of Approach
MuniServices, L C, was founded in 1978 as Municipal Resource Consultants (MRC). The firm flourished throughout California and quickly branched out into other regions. The company and its affiliates employ over 900 professional level staff members who are completely dedicated to the success of each unique public entity we serve. Our offices are strategically located across the nation.
Our offerings are complemented with a dedicated Government Relations team that provides federal, state and local government advocacy, policy, regulatory and legislative consulting support as needed.
Cannabis Tax Audit Expertise in California
MuniServices has extensive experience providing financial audits for commercial cannabis businesses. We provide cities with a comprehensive financial audit program that contributes to the overall cannabis business oversight. Our comprehensive audit program ensures gross receipts are accurately being reported and that local cannabis businesses comply with all applicable local and state financial regulations. These audits help cannabis businesses better understand financial requirements and assist them with the development of proper financial protocols.
MuniServices will work closely with your cannabis business community to review current financial protocols, provide education on doc mentation, and assist with the correction of errors that cause deficiencies. The goal of these audits is both to provide education to the cannabis businesses in financial best practices and to ensure that the City maximizes its tax revenue from the cannabis program. We customize our financial audit services to suit the specific needs and business environment of our client city. Businesses which go through financial audits are more likely to take the City's regulations seriously and comply with them because they realize that an audit program is in place and they are likely to get audited in the future.
It is important that each cannabis business operating within Bellflower accurately maintains its books and records to ensure proper reporting to the various taxing entities and ensure the City obtains an accurate payment of its gross receipts tax by each business. We are familiar with the typical operational costs of running cannabis businesses, the state's unique tax structure for cannabis businesses, as well as the unique banking situation for such operations. We leverage our experience conducting similar audits for other cities across the state.
Legislative and Regulatory Updates, Consulting and Support MuniServices continually develops and invests in resources to evaluate, monitor, and analyze current and proposed ballot measures, regulations and legislation at the local, state and federal level to identify issues that may impact the City's current I cannabis municipal code and ordinances.
This analysis includes an in-depth summary of any issues that may impact the City's current position on the cannabis industry, including but not limited to, tax or fee revenues, land use and zoning and public safety. MuniServices can provide informal or detailed verbal and/or written reports on issues relating to the cannabis industry and make recommendations to the City and its lobbyists.
CITY OF BELLFLOWER
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 18 -
MU N I.J E V I C CANNABIS TAX AUDIT SERVICES
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Work Plan
The City desires to ensure the registered commercial cannabis retailers are conducting business within the guidelines provided for by the State of California related to taxation as well as local ordinances and that each maintains accurate books and records, to ensure the proper reporting to the various taxing entities and ensure the City obtains an accurate payment. The City currently has 4 registered retailers operating.
In performing the Financial Audit Services, Muniservices will:
Informational Kickoff Meetinq - Meet with designated City staff to review and discuss potential audit candidates, audit approach and establish a mutually agreeable project timeline Begin audit process
Audit Issues/Findinqs Meetinq — Meet with designated City staff on audit activities, including, but not limited to:
o Unexpected delays resulting from the business entity response or other causes. o Significant errors or issues identified during the audit process o Cooporation issues with the business entity
Draft Report Presentation Meeting— Meet with City staff to present draft report for each business Presentation of final audit report — Written report with information about each business; those in compliance, those not in compliance, and recommendations for corrective actions Presentation of audit summary—Written report with recommendations on possible administrative, technical and/or regulatory policy modifications that may improve future compliance Commercial Canabis Business Audit Approach
Muniservices' audit process has been developed to address the specifc requirements of each business ope ation and is not a one-size-fits-all approach. We recognize that business have differing operating styles, expertise and attention to detail. MuniServices will conduct initial expedited analytical evaluations before starting a complete verification of the business operations. The results of the initial analysis will determine the extent and depth of the full examination.
MuniServices will also work with City to create an audit authorization letter to be presented to the entities selected for review giving MuniServices authorization to conduct work on the City's behalf. This letter will provide clear expectations for timely complying with audit requests such as access to the facility, system specifications and financial data storage and access.
The audit analysis can included, but is not limited to the following tasks:
CITY OF BELLFLOWER
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 19 -
MU N I
CANNABIS TAX AUDIT SERVICES
aN A V E N U INSIGHTS&ANALYTICS COMPANY
1. Review of applicable provisions of the City's municipal code (Bellflower Municipal Code § 3.37 et seq.) and resolutions adopted by the City, including but not limited to Resolution No. 20-63 and 21-35.
2. Review business records filed with the city such as application, operating agreements, compliance documents and tax returns.
3. Initiate communication with businesses to establish appropriate business contacts, Point of Sales systems (POS), product inventory and tracking systems, accounting data systems, physical operation procedures and methodology.
4. Examination of business operations and financial data verify the accuracy of reported tax returns and compliance with city regulatory and administrative policies.
5. Prepare a draft audit report for each business entity. The report will identify any tax deficiencies with a summary explaining how the error as established and suggestions on a resolution to ensure future compliance.
6. The draft report will first be discussed with city staff and then presented to the business entity. The business entity will be provided an appropriate amount of time to review the audit report and respond to any of the audit findings.
7. Prepare a final audit report summarizing the findings. The audit report will include information about the specific aspects of the business that were in compliance, those that were not in compliance, and recommendations for corrective actions. If relevant, we will also include areas for continued monitoring.
8. Prepare an audit summary report upon completion of all the initial audits. The audit summary report will provide recommendations to the city on possible administrative, technical and/or regulatory policy modification that maybe considered to improve compliance with City operating and reporting requirements.
Audit Timeline
MuniServices' audit process is comprised of proven procedures and techniques. Because each business entity is unique the audit approach is determined by the competence and cooperation of the business. While it is difficult to specify the number of hours for each audit task listed above for each entity, based on experience, we are providing the amounts of time that is expected to be necessary.
Proposed oversite fixed hours
Tasks 1,6, and 8 20 hours total
Proposed annual audit hours
for each business Tasks 2, 3, 4, 5, and 7 30 hours er business Duration of Project: 60 days from obtaining access to business data Ste 4
CITY OF BELLFLOWER
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 20 -
MU N I CANNABIS TAX AUDIT SERVICES
AN A V E N U INSIGHTS rs ANALYTICS COMPANY
List of Cannabis Tax Audit Service Experience
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RKawasaki(c citvofsacramento.orq
Office 916-808-8500
Project Description - Education, consulting and auditing services focused on newly licensed dispensaries, author custom curriculum on compliance with state and local tax levies and operating in accordance with the City's cannabis ordinances and State and local sales and use taxes.
69 audits completed with $400k in audit findings.
20 additional audits are currently in progress.
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kbiersack(c cathedralcity.qov
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Office 760-770-0378
Project Description: Education, consulting and auditing services focused on newly licensed dispensaries, author custom curriculum on compliance with state and local tax levies and operating in accordance with the City's cannabis ordinances and State and local sales and use taxes.
49 audits completed with $334k in audit findings.
Evis.morales(c citvofwoddland.orq
Office (530) 661-5923
Project Description: Direct annual compliance audits of all licensed and unlicensed cannabis dispensaries operating within the City to ensure compliance with ordinances, tax levies and reporting.
Ongoing audits in process
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jtomaszewski(a santabarbaraca.qov
Office (805) 564-5340
Project Description: Direct annual compliance audits of all licensed and unlicensed cannabis dispensaries operating within the City to ensure compliance with ordinances, tax levies and reporting.
Ongoing audits in process
CITY OF BELLFLOWER
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 21 -
MU N I E RV I C ES
CAN NABIS TAX AUDIT SERVICES
AN A V E N U INSIGHTS&ANALYTICS COMPANY
Audit Team
MuniServices has developed a highly experienced Cannabis consulting team that has experience with issues impacting local government dating back to the inception of Cannabis industry regulation in California. Our team has an established track record related to the "best practices" of local implementation, regulation, development, and compliance across California that will benefit the City in the post-Proposition 64 era.
Audit Team Leadership
Michae!Portis, CPA, Vice President of Audit - As Avenu's Vice President of Audit, Michael leads Avenu's Compliance Audit Group, which consists of a full suite of compliance auditing across several tax types. Michael is a Certified Public Accountant in both Texas and North Carolina and is a U.S.
Army Veteran. He has 25 years of direct experience in tax auditing and has served in several key positions for some of the largest tax firms in the United States. Education: Doctor of Jurisprudence from the University of Houston Law Center and Bachelor of Business Administration in Accounting from the University of Texas at San Antonio.
Cannabis Audit Team
Chris Wills, CRE, Compliance Audit Manager- Chris performs and oversees compliance audit operations for clients nationwide. Chris has worked for the company since 2008 and has developed a specialty practice within the company working especially on Cannabis, Franchise Fee and Utility Tax audit projects. Chris has built a wide array of resources and knowledge specific to each industry, which has been beneficial in resolving audit issues for our clients and finding the missing revenues they should have been receiving. Chris received his Bachelor of Science degree in Accounting from Jacksonville State University and is a Certified Revenue Examiner.
Katie Bellew, CRE, Cannabis Audit Supervisor- Katie performs audit operations for Cannabis Tax clients. An auditing professional with extensive knowledge of cannabis tax, sales tax, consumer's use tax, utility license taxes, franchise fees, testing methodology, and evaluation of company internal controls. Katie received her Bachelor of Science degree in Accounting with a minor in Finance from Auburn University. Katie is also a Certified Revenue Examiner.
Government Relations
Francesco D. Mancia, MBA, Vice President, Government Relations Fran joined MuniServices in 1995 and oversees the company Legislative, Regulatory, and Government Relations work at the state and federal level. Fran will work closely with state legislators and regulatory agencies on all issues related to the ongoing implementation of rules and regulations impacting cannabis revenue during this project. Fran has served as a member of the League of California Cities Revenue and Taxation Policy Committee. Fran graduated from the University of California, Santa Barbara and earned a Bachelor of Arts degree in Communications, and attended the University of San Francisco where he earned an MBA.
CITY OF BELLFLOWER
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 22 -
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Submitted By:
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DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 23 -
MU N I
CANNABIS TAX AUDIT SERVICES
N A V E N U INS GHTS&ANALYTICS COMPANY
Cost Proposal
CY 2019 or CY 2020 or CY 2021 or
Proposed Audit Fees FY 2020 FY 2021 FY 2022 Total
Dispensary/Retail1 $3,200 3,200 3,200 9,600
Dispensary/Retail2 $3,200 3,200 3,200 9,600
Dispensary/Retail 3 $3,200 3,200 3,200 9,600
i Dispensary/Retail 4 $3,200 3,200 3,200 9,600
Total $12,800 12,800 12,800 38,400
CITY OF BELLFLOWER
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 24 -
REQUEST FOR PROPOSALS
CITY OF BELLFLOWER
CANNABIS TAX AUDIT SERVICES
June 15, 2022
1 DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 25 -
SECTION 1
REQUEST FOR PROPOSALS
A. INVITATION
The City of Bellflower is soliciting proposals from companies experienced in and qualified to perform cannabis tax audit services. Interested and qualified companies who have demonstrated their ability at providing such services are invited to submit proposals.
Qualified companies are invited to submit proposals via email to the City no later than 4:00 p.m. on July 15, 2022.
B. BACKGROUND ON THE CITY'S CANNABIS TAX
In November 2016, California voters approved Proposition 64, also known as the Control, Regulate and Tax Adult Use of Marijuana Act(AUMA), requiring a State license to engage in commercial non-medical marijuana activities. AUMA legalized recreational use of marijuana by adults in California and provided broad local regulatory and taxation authority, allowing local governments to decide how best to regulate and impose local taxes on the retail sales, cultivation, manufacturing, distribution, and other cannabis activities in their communities.
In March 2017, voters in the City of Bellflower passed Measure B authorizing a new general tax on cannabis businesses operating within the City of Bellflower including commercial cultivation, distribution, manufacturing, and retail sales effective July 1, 2017.
All tax revenue derived from the tax is deposited in the City's General Fund and there is no sunset clause on the taxes.
Pursuant to Title 14 of the Bellflower Municipal Code (BMC), Cannabis-Related Businesses, the City regulates cannabis businesses and currently has 11 active cannabis business permits (CBPs) as follows:
CBP CBP CBP CBP CBP Total
CBP T e Holder 1 Holder 2 Holder 3 Holder 4 Holder 5 CBPs Dispensary/1 1 1 1 4
retail sales
Cultivation 1 1 2
Manufacturin 1 1 2
Distribution 1 1 1 3
Total 3 3 3 1 1 11
BMC Chapter 3.37, Cannabis Tax, sets forth cannabis tax rates and annual rate increases for all cannabis businesses ( https://library.qcode.us!!ib/bellflower ca/pub/municipal code item/titie 3-chapter 3 37). The dispensary/retail, manufacturing and distribution businesses are taxed based on gross receipts and cultivation is taxed based on the square footage of the canopy space. The City Council took action to temporarily reduce the tax rates for manufacturing, distribution, and dispensary/retail sales by adopting Resolution Nos. 20-63 and 21-35. The following are the tax rates since inception:
2 DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 26 -
7/1/2017 to
Effective:6/30/2020 7/1/2020 9/28/2020 7/1/2021 7/1/2022 7/1/2023 7/1/2024 Dis ensar / Retail 5% 7.50% Na 8.5% B 8.50%TBD TBD
Manufacturi 5% 7.50% 2°/o A 2°/o 2% TBD TBD
Distribution 5% 7.50% 1% A 1% 1°/a TBD TBD
Cultivation 15/sf $17.5/sf Na 20/sf $22.5/sf $25/sf +CPI A) Per Resolution No. 20-63.
A) Per Resolution No. 21-35.
Cannabis taxes are paid quarterly. BMC Chapter 3.37 outlines the procedures for the reporting and remittance of the taxes and penalties and interest for any person or business who fails to pay cannabis tax when due. This Chapter grants the power to audit and examine all books and records of those engaged in cannabis business.
SECTION 2
SCOPE OF SERVICES
The most significant cannabis tax revenue generators are dispensaries/retail establishments. As a result, services desired include onsite cannabis tax audit services of all four dispensaries/retail establishments and any other services that may be deemed necessary.
Cannabis Tax Audit of Dispensaries / Retail Establishments Conduct onsite annual audits as recommended per industry standards or practice for up to three prior years for each dispensary/retail establishment. Cannabis tax returns and payments are remitted quarterly to the City.
Facilitate at least three meetings (informational kick-off, audit issues /findings, draft reports, etc.)
Provide any technical and policy recommendations to the City based on the audit and tax collections.
SECTION 3
QUALIFICATIONS AND REQUIREMENTS
A. QUALIFICATIONS
The qualifications of a vendor will be determined based on the following factors:
Understanding of the City's request for services
Experience and background in the cannabis tax audit services Understanding of the City's cannabis tax ordinance and other industry regulations
Verifiable references from other cannabis tax audit clients 3 DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 27 -
SECTION 4
SUBMITTAL INSTRUCTIONS
A. SUBMISSIONS DUE
Please submit proposals and questions via email to Tae Rhee, Finance Director, trhee .beliflower.orq and Anna Garan, Finance Manager, aqaran[a.bellflower.org.
All proposals are due no later than by 4:00 p.m. on Friday, July 15, 2022. Proposals received after the deadline will not be considered.
B. REQUIRED COMPONENTS
Your proposal must be complete for consideration and must consist of two files: 1) your response to the request for qualifications and 2) your cost proposal for the audit of each of four dispensaries/retail establishments per year up to three years.
Your response to the request for qualifications should include the following components:
Information Statement including company background and contact details.
Statement of Interest describing why your company has an interest in this work and why your company would be the City's best choice.
Description of your approach to the cannabis tax audit services.
Proposed audit timeline including all essential tasks and duration of each task.
Audit team for this engagement and qualifications of the members.
List of other similar cannabis tax audit service experience and contact names to be used as references (please list three).
Your cost proposal must be submitted by the same deadline but in a separate file.
Proposed Audit Fees
CY 2019 or CY 2020 or CY 2021 or
FY 2020 FY 2021 FY 2022 Total
Dis ensa /Retail 1 $
Dis ensa /Retail2 $
Dis ensa /Retail3 $
Dis ensa /Retail4 $
Tota I
Notes:
1. Cannabis tax returns and payments are remitted quarterly.
2. Audit services may be limited to 1-3 prior years for each dispensary/retail establishment at the discretion of the City.
4 DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 28 -
SECTION 5
OTHER INFORMATION
A. REVISIONS TO THE RFP
The City reserves the right to revise the RFP prior to the date proposals are due.
Revisions to the RFP wiil be communicated via emaii to the requested individuals. The City also reserves the right to extend the due date.
B. DISCRETION AND LIABILITY WAIVER
The City may exercise its sole discretion and judgment regarding any qualifications submitted in determining whether a proposal should be accepted.
The City may reject any or all submittals, either in part or in their entirety, or to request and obtain, from one or more of the businesses submitting, supplementary information as may be necessary for City staff to analyze the qualifications pursuant to the contractor selection criteria contained herein.
The City may require proposers to participate in additional rounds of discussions, negotiations, or more refined submittals before the ultimate selection of a contractor is made. These rounds could encompass revisions of the submittal criteria in response to the nature and scope of the initial qualifications.
The proposer, by submitting a response to this RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP.
This RFP does not commit the City to award a contract, to defray any costs incurred in the preparation of a submission pursuant to this RFP, or to procure or contract for work.
The proposer is responsible for all costs associated with preparation of submittals to the City.
All qualifications, costs, and other information submitted in response to this RFP become the property of the City and constitute public records subject to public review.
The City reserves the right to cancel or modify in part or in its entirety this RFP including, without limitation, selection procedures, submittal date, and submittal requirements. If the City cancels or revises the RFP, all responding companies will be notified via email.
C. CITY'S STANDARD AGREEMENT
The successful company is expected to execute the City's standard agreement (copy attached) as is with minor modifications as required to customize the agreement to the specific services. Successful company must comply with all insurance and other requirements as set forth in the standard agreement.
5 DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 29 -
Certificate Of Completion
Envelope Id: 76F25C08102E42DE86FFD78D1245CD61 Status: Completed Subject: Please DocuSign: City of Bellflower - AFN 394.3 Muniservices, LLC.pdf Source Envelope:
Document Pages: 27 Signatures: 1 Envelope Originator:
Certificate Pages: 4 Initials: 0 City Clerk
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
16600 Civic Center Drive
16600 Civic Center Drive
Bellflower, CA 90706
[email protected]
IP Address:
Record Tracking
Status: Original
9/28/2022 9:07:46 AM
Holder: City Clerk
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Carl Kumpf
[email protected]
Cfo
MuniServices LLC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address:
Sent: 9/28/2022 9:10:26 AM
Viewed: 9/29/2022 12:32:43 PM
Signed: 10/6/2022 7:27:18 AM
Electronic Record and Signature Disclosure:
Accepted: 9/29/2022 12:32:43 PM
ID: f2c94c68-6f9d-4eda-9e62-bab10b6fb82c
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/28/2022 9:10:26 AM
Certified Delivered Security Checked 9/29/2022 12:32:43 PM Signing Complete Security Checked 10/6/2022 7:27:18 AM
Completed Security Checked 10/6/2022 7:27:18 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bellflower (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
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Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/8/2020 10:47:26 AM Parties agreed to: Carl Kumpf
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bellflower:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected]
To advise City of Bellflower of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Bellflower
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bellflower
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
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Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Bellflower as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bellflower during the course of your relationship with City of Bellflower.
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