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INSURANCE N TON FILE A-2018-113 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE. JUN 14 201 FOOD SERVICE CONCESSION AGREEMENT Pi FOR SANTA ANA ZOO CAIti ws THIS AGREEMENT is made and entered into this 1st day of May, 2018 by and between Bean Sprouts, LLC, a Wisconsin Limited Liability Company doing business as 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 that has expertise in providing healthy kid -friendly food and beverages for the Santa Ana Zoo ("Zoo"). B. City issued a Request for Proposal ("RFP") No. 17-128 for Zoo Concessions on October 26, 2017 incorporated by reference herein. C. Bean Sprouts submitted a proposal for food service and a financial proposal dated November 30, 2017 and was selected by City staff to recommend to the City Council for approval to provide concessions at the Zoo. Bean Sprouts represents that it is willing and able to provide the services set forth in its proposal, as modified during negotiations, Bean Sprouts proposals in response to City's RFP are incorporated herein by reference. 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 in the field of food and beverage service. 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. Fiscal Year- July 1st to June 30. b. Go Live Date- The date upon which Bean Sprouts opens for business to the public. A date to be mutually meed upon by the parties to this Agreement in writing. The date will be at least 120 days (or such other time as mutually agreed) after this Agreement is filly executed to allow for improvements to the Premises, after Bean Sprouts receives authorization from the Orange County Health Care operation to serve food and beverages to the public, and after any other required licenses and permits to operate are obtained by Bean Sprouts. c, Gross Revenues- includes all amounts of any kind or charges received by Bean Sprouts for business conducted by it at the Premises, or in connection with the operation of Bean Sprouts' rights and privileges under this Agreement without deduction or exclusion unless specifically authorized by this Agreement; provided that Gross Revenues shall not include (i) sales taxes which are separately stated and that Bean Sprouts is required to collect from customers and pay to a taxing authority and (ii) authorized discounts given to employees, volunteers or member,. Gross Revenues includes all transactions regardless of whether they were conducted using cash, credit, debit, exchange or otherwise and without regard to whether these amounts are actually collected by Bean Sprouts. No deduction shall be made for Page I of 17