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DocuSign Envelope ID: B170CB9D-63DF-4515-84DD-BBE3334BE947 <br />} CITY OF SANTA ANA <br />aware of or experienced with. Proposer should detail any prior experience with operating <br />correctional kitchens for revenue generation as well as its plan and approach to such <br />operations if awarded a contract. Any current contracts or possible contracts with other <br />agencies whether public or private, that will be operated on City facilities shall be disclosed <br />in Proposals. <br />2. Contractors shall submit a Rent/Revenue Sharing Proposal as part of their Cost <br />Proposal, containing either a proposed rent or a revenue sharing percentage. <br />Contractors, at their discretion, may also propose a combination of the two; wherein a <br />minimum rent along with a revenue sharing percentage is proposed, triggered when <br />certain revenue thresholds are exceeded. <br />3. Proposers must indicate what percentage of such revenues, including any that may be <br />generated through the Cafe an any operations conducted under the resulting agreement <br />and on City property, it proposes to share with the City; and the amount the Contractor <br />proposes to pay City for lease of kitchen facilities. <br />4. Revenue and/or Rent payments shall be made to City on a quarterly basis. A report shall <br />be included and organized by month, agency, commodity (commissary, number of meals, <br />commodity, etc.) and revenue earned for each for verification purposes. A soft copy of this <br />report shall be made available electronically upon City's request. <br />S. TERMINATION OF CONTRACT <br />1. The City shall have the right to terminate the contract as follows: <br />a. Immediately without notice if, for any reason, the Contractor fails to provide <br />continuous food service for a period in excess of 24 hours. <br />b. Immediately, if within five (5) calendar days of notice to Contractor, Contractor fails <br />to correct any serious violation of health, sanitation or safety requirements as <br />determined by the County Health Agency or other regulatory agency. <br />c. City reserves the right to terminate for convenience upon 30 days' written notice to <br />Contractor. <br />d. Contractor may, after the first one year term of the contract, terminate the contract for <br />cause with 120 days' written notice to the City. <br />T. ALTERNATIVES - LIQUIDATED DAMAGES <br />If, after notice to the Contractor by the City, one or more substantial contract violations <br />continue to occur, the City shall have the right to require the Contractor to issue monthly <br />billing credits commensurate with the value lost plus fifty percent (50%) or $2,000, <br />whichever is greater. Violation of contract requirements by the Contractor may cause City <br />to lose contracts to house inmates. Such violations may include, but are not limited to the <br />following: <br />a. Contractor has failed to prepare all or portions of the meal using the specified recipe, <br />ingredient amounts proportionate to the number of persons to be served, improper <br />RFP No. 20-025 Contracted Food Services and Inmate Commissary Page 31 of 57 <br />25E-28 <br />