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INSURANCE NOT ON FILE WORK MAY NOT PROCEED CITY CLERK DATE: MAR 2 0 2024 A-2024-026 u. Nua0k FOOD SERVICE CONCESSION AGREEEMENT BETWEEN CITY OF SANTA ANA AND BEAN SPROUTS LLC DBA BEAN SPROUTS FOR SANTA ANA ZOO THIS AGREEMENT is made and entered into on this 20th day of February, 2024 by and between Bean Sprouts, LLC, a Wisconsin limited liability company dba Bean Sprouts ("Bean Sprouts"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a vendor having special skill and knowledge in the field of providing healthy, kid -friendly food and beverages for the Santa Ana ("Zoo"). B. City issued a Request for Proposals ("RFP") No. 23-040 for food and beverage concessions on May 25, 2023, incorporated by reference herein. C. Bean Sprouts submitted a responsive proposal that was selected by the City. Bean Sprouts represents that it is able and willing to provide the services described in the scope of work that was included in RFP 23-040. D. In undertaking the performance of this Agreement, Bean Sprouts represents that it is knowledgeable in its field and that any services performed by Bean Sprouts under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. DEFINITIONS a. Cafe Net Sales shall mean all monies paid to Bean Sprouts (whether cash or credit) for retail sales made to customers on the Premises (defined below), including alcohol and catering sales; provided that Cafe Net Sales shall not include (1) sales taxes that are separately stated and that Bean Sprouts is required to collect from customers and pay to a taxing authority; (2) authorized discounts given to employees, volunteers, or members; and (3) monies paid to Bean Sprouts that are subsequently refunded to customers. b. Fiscal Year shall be July Pt to June 30a`. 2. SCOPE OF SERVICES Bean Sprouts shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services," which was included in RFP No. 23-040 and is attached hereto and fully incorporated herein by reference as Exhibit A, and as more specifically set forth in Bean Sprout's proposal, which is attached hereto Page 1 of 19 #19793v7