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0 RANCE NOT ON FILE A-2020-206 <br />�0`\ AWORKMAYhQ: PROCEED <br />CLERK OF COUNCIL <br />DATE: \\/20/ZOX-1 <br />tan ' BEVERAGE SERVICE CONCESSION AGREEMENT AND NON-EXCLSUIVE <br />i <br />I CSA t Swlcl U3�S LICENSE TO USE CONCESSION AREA <br />THIS AGREEMENT is made and entered into on this 20th day of October, 2020 by and <br />between Edward Walter Sunseri, Jr., a sole proprietor, doing business as, Sunseri's with its <br />principal place of business located in El Monte, California, ("Concessionaire"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the Constitution <br />and laws of the State of California ("City"). <br />RECITALS <br />A. City issued Request for Proposal ("RFP") No. 20-028 on May 19, 2020 for alcoholic <br />beverage concession services at the Santa Ana Zoo ("Zoo"). <br />B. Concessionaire submitted a proposal in response to the RFP and City staff recommends <br />that a Concession Agreement be executed with Concessionaire to provide alcoholic <br />beverage concessions consisting of beer, wine and spirits at the Zoo. <br />C. Concessionaire represents that Concessionaire is able and willing to provide such services <br />to the City. <br />D. In undertaking the performance of this Agreement, Concessionaire represents that it is <br />knowledgeable in its field and that any services performed by Concessionaire under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional concessionaire in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to <br />the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />A. Concessionaire is granted the exclusive right and has the obligation to provide <br />alcohol -pouring services during typical, published zoo operating hours pursuant to a <br />schedule determined by City with input from Concessionaire. <br />B. Concessionaire may also sell sodas and bottled water. <br />C. The Concession Area shall be located in the Caf6 Area as illustrated in Exhibit A with <br />the exact location to be determined by City with input from Concessionaire. City will <br />make the final determination. <br />D. The design of the bar and any mobile or temporary bars shall be similar to the <br />examples set forth in Exhibit B and subject to final approval by City. <br />E. Concession services will begin pursuant to this Agreement on January 1, 2021 unless <br />a later date is agreed upon in writing by the City's Executive Director of Parks, <br />