Costa Mesa City Council
February 3, 2026

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If clarification or interpretation of this solicitation is considered necessary by City, a written addendum shall be issued and the information will be posted on PlanetBids. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the City’s Purchasing Department. It is the responsibility of each Proposer to periodically check PlanetBids website to ensure that it has received and reviewed any and all addenda to this solicitation. The City will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

2. Schedul
e of Events: This Request For Proposal shall be governed by the following schedule:

3. Release of RFP October 1, 2025 at 5:00pm

4. Mandatory Pre-Proposal Conference October 8 , 2025 at 10:00am

5. Deadline for Written Questions October 13, 2025 at 10:00am.

6. Responses to Questions Posted October 16, 2025 at 5:00pm

7. Proposals are Due October 22, 2025 at 10:00am

8. Interviews (if held) November 4-6, 2025

9. Approval of Contract November/December 2025
**All dates are subject to change at the discretion of the City.

Pre-Proposal Conference: A MANDATORY Pre-Pr oposal conference will be held on October 8 at 10:0 0 a.m . at 1845 Park Ave Costa Mesa CA, 92627 in the Norma Hertzog Community Center parking lot to begin job site walkthrough. A Pre-P roposal conference is held to allow for questions and clarification concerning the City’s RFP process, scope of services and subsequent contract award.

3. Proposer’s Minimum Requirements: Interested and qualified Proposers that can demonstrate their ability to successfully provide the required services outlined in Appendix A– Scope of Work, of this RFP are invited to submit a proposal, provided they meet the following requirements. All requirements must be met at the time of the proposal due date. If these requirements are not met, the proposal may not receive further consideration, as determined in the sole discretion of the City.

1. See section B in Scope of Work
II. GENERAL INSTRUCTIONS AND PROVISIONS

1. Proposal Format Guidelines: Interested entities or contractors are to provide the City of Costa Mesa with a thorough Proposal using the following guidelines: Proposal should be typed and should contain no more than 20 typed pages using a 12- point font size, including transmittal letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, graphic exhibits and pricing forms. Each Proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. P roposals which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. The following Proposal sections are to be included in the Proposer’s response:
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• Cover Letter: A cover letter, not to exceed three pages in length, should summarize key elements of the Proposal. An individual authorized to bind the Contractor must sign the letter. Indicate the address and telephone number of the contractor’s office located nearest to Costa Mesa, California, and the office from which the project will be managed. Include proposed working relationship among the offering agency and subcontractors, if applicable.

• B
ackground and Project Summary Section: The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Scope of Work, Appendix A of this RFP.

• M
ethod of Approach: Provide a detailed description of the approach and methodology that will be used to fulfill each requirement listed in the Scope of Work of this RFP. The section should include:

1. A
n implementation plan that describes in detail (i) the methods, including controls by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.

2. Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section.

3. Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion.

4. Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work.

5. Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, safe, and cost - effective operations or increased performance capabilities.

6. .
• Qu
alifications & Experience of the Firm: Describe the qualifications and experience of the organization or entity performing services/projects within the past eight years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:

1. I
f the owner is a corporation please provide: Name of corporation, corporate office street address, city, state, and zip code, state where incorporated, date of incorporation, first and last name of officers, local office address, city, state & zip, and the date local office opened its doors for business.

2. If the owner is a partnership or joint venture, please provide: Name of partnership or joint venture, principal office street address, city, state, and zip code, state of organization, date of organization, first and last name of general partner(s), local office address, city, state, and zip code, and date local office opened its doors for. 225

3. List all businesses owned or controlled by yourself (applicant) or business manager doing similar business in California under another business name. List business name and address and specify who owns or controls the business (e.g., self, business manager, etc.).

4. List all businesses for which you or your business manager is or was an officer, director, or partner doing similar business in California under another business name.

List business name and address, title, date(s) in position; specify who was in position (e.g., self, business manager, etc.).

5. How many years have you been in business under your present business name?

6. Provide a list of current and previous contracts similar to the requirements for Costa Mesa, including all public agencies served (if any). For each, provide a brief description of the scope of work performed, the length of time you have been providing services, and the name, title, and telephone number of the person who may be contacted regarding your organization’s service record. Provide a sample of each background investigation for each contract.

7. Submit a description of the organization’s qualifications, experience and abilities that make it uniquely capable to provide the services specified in the Scope of Work.

8. The City of Costa Mesa is interested in knowing how Proposers support the communities that they serve. Please provide information on your organization’s participation in local community, charitable and civic organizations and events, including membership i n the Costa Mesa Chamber of Commerce, charitable contributions made by your organization, etc.

Any public entity which submits a Proposal should describe in detail how it currently performs services like those identified in the Scope of Work within its or other jurisdictions, including photographs, written policies and/or video of services provided. If you have performed these services under contract for another public entity, please provide references for those entities as set forth above for private Proposers.
• F
inancial Capacity: The City is concerned about bidders’ financial capability to perform, therefore, may ask you to provide sufficient data to allow an evaluation of firm’s financial capabilities.

• K
ey Personnel : It is essential that the Proposer provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Proposer must agree to assign specific individuals to the key positions. o I
dentify the members of the staff who would be assigned to act for Proposer’s firm in key management and field positions providing the services described in the Proposal, and the functions to be performed by each.

o Include resumes or curriculum vitae of each such staff member, including name, position, telephone number, email address, education, and years and type of experience. Describe for each such person, the relevant transactions on which they have worked.

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• Cost Proposal: Provide a fee schedule/pricing information for the project as referenced in the attached in Appendix C. Proposals shall be valid for a minimum of 180 days following submission.

• D isclosure: Please disclose any and all past or current business and personal relationships with any current Costa Mesa elected official, appointed official, City employee, or family member of any current Costa Mesa elected official, appointed official, or City employee. Any past or current business relationship may or may not disqualify the firm from consideration.

• S
ample Professional Service Agreement: The firm selected by the City will be required to execute a Professional Services Agreement with the City. A sample of the Agreement is enclosed as Appendix B, but may be modified to suit the specific services and needs of the City. If a Proposer has any exceptions or conditions to the Agreement, these must be submitted for consideration with the Proposal. Otherwise, the Proposer will be deemed to have accepted the form of Agreement. See No. 12 of this RFP below.

• C
hecklist of Forms to Accompany Proposal: The following is a list of the forms, Appendix C included in this RFP, which must be completed in full and included with Proposals:

1. V
endor Application Form

2. Company Profile & References

3. Ex Parte Communications Certificate

4. Disclosure of Government Positions

5. Disqualifications Questionnaire

6. Bidder/Applicant/Contractor Campaign Contribution

7. Cost Proposal

2. Process for Submitting Proposals:
• C
ontent of Proposal: The Proposal must be submitted using the format as indicated in the Proposal format guidelines.

• P reparation of Proposal: Each Proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation.

• C
ost for Preparing Proposal : The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become the property of the City. Fee proposal shall be submitted in a separate file containing the following:
 C over letter stating the total lump sum fee.
 A spreadsheet with a detailed fee schedule of the proposed costs. Each fee schedule shall depict individual project tasks, number of hours assigned for specific personnel and their basic hourly rates, mark up on supplies, if any, etc..

• For
ms to Accompany Proposal: Appendix C forms shall be attached at the end of the Proposal with the exception of the Cost Proposal which shall be submitted in a separate file.

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• Number of Proposals: Submit one (1) PDF file format copy of your proposal in sufficient detail for thorough evaluation and comparative analysis

• S ubmission of Proposals: Complete written Proposals must be submitted electronically in PDF file format via the planetbids.com website not later than 10:00 a.m. (P.S.T) on October 22, 2025. Proposals will not be accepted after this deadline.

Bids received after the scheduled closing time will not be accepted. It shall be the sole responsibility of the Bidder to see that the bid is received by the deadline. Faxed or e-mailed Proposals will not be accepted. NO EXCEPTIONS.

• I nquiries: Questions about this RFP must be posted in the Q & A tab on Planetbids no later than October 13, 2025 at 10:00 A.M. The City reserves the right not to answer all questions.

T
he City reserves the right to amend or supplement this RFP prior to the Proposal due date.

All addenda, responses to questions received, and additional information will be posted to the Costa Mesa Procurement Registry, Costa Mesa-Official City Web Site, Business-Bids & RFP's. Proposers should check this web page daily for new information.

From the date that this RFP is issued until a firm or entity is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this RFP with any City employee other than the contracting off icer listed herein regarding this RFP. The City reserves the right to reject any Proposal for violation of this provision. No questions other than posted on Planetbids will be accepted, and no response other than written will be binding upon the City.

• C
onditions for Proposal Acceptance: This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all Proposals received as a result of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any Proposal. All Proposals will become the property of the City of Costa Mesa, California. If any proprietary information is contained in the Proposal, it should be clearly identified.

• I
nsurance & W -9 Requirements: Upon recommendation of contract award, Contractor will be required to submit the following documents with ten (10) days of City notification, unless otherwise specified in the solicitation:

 I
nsurance - City requires that licensees, lessees, and Contractor s have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful Bidder must furnish the City with the Certificates of Insurance proving coverage as specified in the sample contract.

 W-9 – Current signed form W -9 (Taxpayer Identification Nu mber & Certification) which includes Contractor’s legal business name(s).

3. Evaluation Criteria: The City’s evaluation and selection process will be conducted in accordance with Title II, Chapter V, Article 2 of the City's Municipal Code (Code). In accordance 228

with the Code, the most qualified responsive and responsible proposer shall be determined based on evaluation of qualitative factors in addition to cost. At all times during the evaluation process, the following criteria will be used. Sub- criteria are not necessarily listed in order of importance. Additional sub-criteria that logically fit within a particular evaluation criteria may also be considered even if not specified below.

1. Qualifications of Experience of Key Personnel ------- 30%

2. Qualifications of the Firm ----30%

3. Method of Approach ----25%

4. Cost Proposal ---- 15%

4. Evaluation of Proposals and Selection Process: In accordance with its Municipal Code, the City will adhere to the following procedures in evaluating Proposals. An Evaluation Committee, which may include members of the City's staff and possibly one or more outside experts, will screen and review all Proposals according to the weighted criteria set forth above.

While price is one basic factor for award, it is not the sole consideration.

A. R
esponsiveness Screening : Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as non-responsive any Proposal that does not include the documents required to be submitted by this RFP. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their Proposals.

B. In
itial Proposal Review: The Committee will initially review and score all responsive written Proposals based upon the Evaluation Criteria set forth above. The Committee may also contact Proposer's references. Proposals that receive the highest evaluation scores may be invited to the next stage of the evaluation process. The City may reject any Proposal in which a Proposer’s approach, qualifications, or price is not considered acceptable by the City. An unacceptable Proposal is one that would have to be substantially rewritten to make it acceptable. The City may conclude the evaluation process at this point and recommend award to the most qualified or lowest responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best result for the City prior to making a recommendation or selection.

C. Interviews, Reference Checks, Revised Proposals, Discussions: Following the initial screening and review of Proposals, the Proposers included in this stage of the evaluation process will be invited to participate in an oral interview. Interviews are tentatively scheduled for the week of November 4 -6, 2025 and will be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 9262 6. This date is subject to change. The individual(s) from Proposer's organization that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the Proposal.

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In addition to conducting an oral interview, the City may during this stage of the evaluation process also contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a Proposal, and seek and review any other information deemed pertinent to the evaluation process.

Following conclusion of this stage of the evaluation process, the Committee will again rank all Proposers according to the evaluation criteria set forth above. The Committee may conclude the evaluation process at this point, and make a recommendation for award, or it may request Best and Final Offers from Proposers. The City may accept the Proposal or negotiate the terms and conditions of the agreement with the highest ranked organization. The City may recommend award without Best and Final Offers, so Proposers should include their best Proposal with their initial submission.

Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFP.

5. Protests: Failure to comply with the rules set forth herein may result in rejection of the protest.

Protests based upon restrictive specifications or alleged improprieties in the Proposal procedure, which are apparent or reasonably should have been discovered prior to receipt of Proposals shall be filed in writing with the City’s Purchasing Department at least 10 calendar days prior to the deadline for receipt of Proposals. The protest must clearly specify in writing the grounds and evidence on which the protest is based.

Protests based upon alleged improprieties that are not apparent or that could not reasonably have been discovered prior to submission date of the Proposals, such as disputes over the staff recommendation for contract award, shall be submitted in writing to the City’s Purchasing Department, within 48 hours from receipt of the notice from the City advising of City’s recommendation for award of contract. The protest must clearly specify in writing the grounds and evidence on which the protest is based. The City’s Purchasing Department will respond to the protest in writing at least 3 days prior to the meeting at which City’s recommendation to the City Council will be considered. Should Proposer decide to appeal the response of the City’s Purchasing Department, and pursue its protest at the Council meeting, it will notify the City’s Purchasing Department of its intention at least 2 days prior to the scheduled meeting.

A. Procedure – All protests shall be typed under the protester’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:
• The name, address and telephone number of the protester; • The signature of the protester or the protester’s representative; • The solicitation or contract number;
• A detailed statement of the legal and/or factual grounds for the protest; and • The form of relief requested.

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6. Accuracy of Proposals: Proposers shall take all responsibility for any errors or omissions in their Proposals. Should there be any discrepancies in numbers or calculations, the lowest price or total shall prevail.

If prior to contract award, a Proposer discovers a mistake in their Proposal which renders the Proposer unwilling to perform under any resulting contract, the Proposer must immediately notify the facilitator and request to withdraw the Proposal. It shall be solely within the City's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire Proposal. If the solicitation provided for evaluation and award on a line item or combination of items basis, the City may consider permitting withdrawal of specific line item(s) or combination of items. Any Proposer who withdraws a Proposal will be ineligible to bid further on the work included in the RFP scope.

7. Responsibility of Proposers: The City shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their Proposals. Pre- contractual expenses are not to be included in the Contractor’s Pricing Sheet. Pre- contractual expenses are defined as , including but not limited to, expenses incurred by Proposer in:

• Preparing Proposal in response to this RFP;
• Submitting that Proposal to the City;
• Negotiating with the City any matter related to the Proposal; and, • Any other expenses incurred by the Proposer prior to the date of the award and execution, if any, of the contract.

8. Confidentiality: The California Public Records Act (Cal. Govt. Code Sections 7920.000, et seq.) mandates public access to government records. Therefore, unless information is exempt from disclosure by law, the content of any request for explanation, exception, or substitution, response to this RFP, protest, or any other written communication between the City and Proposer, shall be available to the public. The City intends to release all public portions of the Proposals following the evaluation process at such time as a recommendation is made to the City Council.

If Proposer believes any communication contains trade secrets or other proprietary information that the Proposer believes would cause substantial injury to the Proposer’s competitive position if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential.

Proposer may not designate its entire Proposal as confidential nor designate its Price Proposal as confidential.

Submission of a Proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer’s request, Proposer shall assume all responsibility for any challenges resulting from the non- disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney’s fees and costs that may be awarded to the party requesting the Proposer information), and pay any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Proposer information. If Proposer does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the 231

information from disclosure and may release the information sought without any liability to the City.

9. Ex Parte Communications: Proposers and Proposers’ representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers’ representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation p anel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award.

Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's Proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf. Proposers shall include the Ex Parte Communications Form in Appendix C with their Proposals certifying that they have not had or directed prohibited communications as described in this section.

10. Conflict of Interest: The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code Sections 1090, et seq., or Sections 87100, et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.

11. Disclosure of Governmental Position : In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the City, the City requires that all Proposers disclose in their Proposals any positions that they hold as directors, officers, or employees of any governmental entity. Additional disclosure may be required prior to contract award or during the term of the contract. Each Proposer shall disclose whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months using the attached Disclosure of Government Positions Form in Appendix C.

12. Conditions to Agreement: The selected Proposer will execute a Professional Services Agreement for Services with the City describing the Scope of Services to be performed, the schedule for completion of the services, compensation, and other pertinent provisions. The contract shall follow the sample form of Agreement provided as Appendix B to this RFP, which may be modified by the City.

All Proposers are directed to particularly review the indemnification and insurance requirements set forth in the sample A greement. The terms of the agreement, including insurance requirements have been mandated by the City and can be modified only if extraordinary circumstances exist.
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Submittal of a Proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample agreement for services unless the Proposer includes with its Proposal, in writing, any conditions or exceptions requested by the Proposer to the proposed Agreement.

13. Disqualification Questionnaire: Proposers shall complete and submit, under penalty of perjury, a standard form of questionnaire inquiring whether a Proposer, any officer of a Proposer, or any employee of a Proposer who has a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local government project because of a violation of law or safety regulation and if so, to explain the circumstances. A Proposal may be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local project because of a violation of law or a safety regulation, included in Appendix C.

14. Standard Terms and Conditions: The City reserves the right to amend or supplement this RFP prior to the Proposal due date. All addenda and additional information will be posted to www.Planetbids.com
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APPENDIX A

SCOPE OF WORK

Background
The City is seeking a public/private partnership for the full operation of the City’s Café Kiosk at Lions Park located at 1851 Park Ave. This exciting project was made possible through the generous support of Orange County Supervisor Katrina Foley’s office, whose investment helped bring this initiative to life. As a city known for its vibrant culture and strong sense of community, Costa Mesa proudly boasts a thriving scene of independent, locally owned coffee shops that add character and flavor to every neighborhood, in which the City intends to have at this cafe.

Lions Park is an active campus that is home to the Donald Dungan Library, Norma Hertzog Community Center, Lions Park Event Lawn, Airplane Playground, Downtown Recreation Center, and Historical Society. The newly constructed Café Kiosk is approximately 1,100 SF including new decking, where Lions Park campus visitors can enjoy snacks and beverages al fresco.

The City of Costa Mesa (City) requests proposals from a local, highly motivated, qualified Gourmet Cafe service business (Vendor) to be responsible for the operations and management of the City’s Café Kiosk at Lion’s Park.

A. Objectives

1. E nter into a Concession Agreement with the City, pursuant to the terms and conditions set forth in the agreement, for a selected vendor to provide the requested services.

2. The City’s specific objectives for the selected vendor would be to provide high-quality, gourmet concession cafe services with full-time staff.

3. Among the various rights granted to the selected vendor in the Concession Agreement is an exclusive right to sell coffee, baked goods, and like items at the Lions Park Café (Café).

B. Qualifications

1. The selected vendor must be local to the City of Costa Mesa and have been in the business of providing the services described in this RFP for the period of three (3) years.

2. This RFP will request references of other government agencies or property managers, who can vouch for work performance of Vendor, where similar services were provided.

C. Concession Agreement and Improvements

1. The selected vendor will enter into a concession agreement with the City, with an initial term of three (3) years, plus an option for one 3-year extension, to operate and maintain a food and beverage service facility at the Café space.

2. The selected vendor will pay the City monthly as stated herein. The City has the right to cancel the concession agreement with (30) days written notice and without cause. 234

3. The Concession Agreement may include provisions for the following: Vendor-provided necessary additional equipment, supplies, and furniture to operate the Café.

4. The City is willing to consider unique partnership arrangements to assist the successful vendor with the operations of the space.

5. As the City has made a significant investment in the Café, proposed vendor improvements and finishes shall be reviewed and approved by the City for fit with the building, site, and surroundings prior to implementation of the improvement.

D. Operations

1. It is intended that the Café be a community amenity for residents and visitors to the Library, Park, and surrounding community centers.

2. The selected vendor may be a standalone vendor or a vendor that includes multiple partnerships to provide the desired services. All proposals must include any partnerships to be proposed.

3. The selected vendor must obtain and maintain all necessary business licenses required to operate the Cafe throughout the term of the Agreement. A separate business license, outside of vendors’ other location, will be required for this café.

4. Vendor must obtain an Orange County Public Health Permit to operate legally in the County of Orange.

The permit shall be posted within the premises at all times.

5. The selected vendor must operate during the majority of the Donald Dungan Library operating hours and during special City events, with exception of inclement weather.

6. The selected vendor shall offer non-alcoholic beverages and food items for sale to the patrons of the City and the general public. Types of products may include, but are not limited to: Hot beverages, hot and iced coffee drinks, teas, sodas, bottled water and juices, hot and iced chocolate drinks; sandwich products, snacks, nuts, pastries, cookies, bagels, panini, biscotti, and fresh fruit.

7. No tobacco or alcoholic products may be offered or sold at any time.

8. Industry standards for dispensing temperatures must be met.

9. The vendor shall not sell chewing gum or beverages in glass containers.

10. A microwave, oven, toaster oven, air fryer or other type of warmer may be used to heat pre-packaged and food cooked offsite.

11. The selected vendor must have a sustainability program that includes a recycling and composting program in compliance with State and local laws.

12. The selected vendor must provide the following: Napkins, serve ware, and beverage containers. Any disposable napkins, serve ware, or beverage containers utilized in the café shall be recyclable or compostable.
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13. The selected vendor shall comply with City Municipal code prohibiting the use polystyrene foam in city facilities.

14. The selected vendor must adhere to current and future California State law and City ordinances as they pertain to composting and arrange for organic waste recycling services to meet all State and local requirements.

15. Vendor shall not freely distribute end of day concessions to existing to park patrons. Vendor shall make best effort to work with local non-profit organizations to find alternative methods for disposal of extra concessions.

16. The selected vendor shall address all complaints relating to the operations of the café concessions and its employees.

17. City programs and events are not obligated to source refreshments from Café and may purchase outside food and drinks or hire a caterer. Best efforts will be made to work with the Café Vendor when feasible.

18. The selected vendor’s operations shall comply with all local and state regulations at all times. City will not incur any costs associated with such compliance.

19. The selected vendor must obtain and maintain necessary insurance required by the City to operate the Cafe.

20. The selected vendor must provide fair and reasonable prices.

21. The City must approve all signage, posters, and menu boards, and their locations prior to installation.

The use of advertised specials may be used to induce patrons to purchase from the cafe. Specials shall be tasteful, true, and achievable with adequate quantities. Any misleading, or bait and switch advertising may be cause for contract termination after the reporting and verification of three (3) incidents in any given twelve (12) month period.

22. The selected vendor will be permitted to host up to 12 special events per year on event lawn with no fee, pending approval through TESSA permit reviews.

E. Equipment and Use of Premises

1. Café facilities and equipment, as listed in attachment A, shall be used solely for the purposes described in the scope of services herein.

2. City will designate which space or areas vendor may use in the performance of the responsibilities as set forth herein to conform to City’s established priorities.

3. These specifications will become part of concession agreement and shall be binding upon the parties thereto.

4. Vendor and City respectively will provide the equipment and fixtures. Vendor must provide all necessary equipment, not provided by City, to make the facilities fully operational. 236

5. Vendor warrants that no liens or other encumbrances exist on any equipment it supplies and/or installs during concession agreement period.

6. Should vendor wish to add equipment beyond that which is provided or requested by City, those items shall be of a type and class approved by City and in sufficient quantities to provide proper service to community members.

7. All equipment, furnishings and installations purchased by vendor shall be new, of modern design, and high-quality construction. All such vendor expenditures must be pre-approved in writing by City before any purchase and/or installation is made. Purchased equipment will remain the property of the vendor during the concession agreement term and is subject to sale to City at the end of the concession agreement’s term (minus depreciation costs). Vendor is solely responsible for proper maintenance and repair of said equipment and associated premises. The Vendor shall ensure that all equipment is within the overall capacity limits for the Café facility.

8. The vendor shall maintain the concession/cafe area to the highest sanitary/cleanliness standards in compliance with all County Health Department regulations and codes. This shall include, but not be limited to, daily cleaning of floors, fixtures, equipment, appliances, and furnishings within the Concession Area; pickup and disposal (in City-provided containers) of all trash and debris, to include from the patron seating area; and immediate clean-up of all spills.

9. Delivery/installation of inventory and equipment by Vendor must be planned in advance so as not to interrupt the operations of the park.

10. The City will issue the selected vendor keys to the Concession Area, and any available storage room.

The awarded Vendor shall be responsible for the cost of replacing lost or broken keys. All copies of keys shall be requested through City’s facility division and cannot be duplicated without approval.

11. Operator is responsible for opening and closing the facility, including the locking, and unlocking of all gates and doors to the cafe.

12. The selected vendor must obtain a business cell phone and/or maintain telephone service inside the Concession Area for their business use. Access to City telephones will be limited for emergencies only.

The vendor shall be solely responsible for obtaining/maintaining their own telephone and wireless internet service.

13. The Vendor shall use their company-provided telephone number and mailing address for all their business communications and correspondence. The City’s telephone numbers and address shall not be used.

14. Vendor is responsible for addressing all electrical, mechanical, plumbing, or other facility problems. The City shall be notified of any repairs to the facility and inspected by staff.

15. Utility and Disposal Costs. The Vendor will be required to pay the cost of utilities (e.g., water, electricity, phone, internet) of the Café.
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16. The City Parks and Community Services Department, in conjunction with the City’s Public Works Department will complete routine inspections of the cafe, along with a facility maintenance report (minimally quarterly inspections). City can inspect the facility and grounds at any time without prior advance notice to the vendor.

17. The selected vendor must have all equipment installed and ready for operation at the location within one (1) month from execution of contract.

F. Personnel

1. The selected vendor will be responsible for hiring, supervising, and compensating all café staff.

2. The selected vendor shall ensure their employees are professionally trained, skilled, and motivated, including any necessary certifications as required by the Orange County Health Department.

3. The selected vendor shall submit a training and safety plan as part of their proposal.

4. The selected vendor shall ensure all dealings with the public must always remain professional and courteous by all its employees.

5. The selected vendor shall ensure all employees are identified as employees of the café and do not use City logo in any graphics or uniforms

6. The selected vendor shall provide a list of employees to the City who have permission to enter operating doors of café.

G. Payment, Reporting and Accounting

1. The selected vendor shall adhere to all terms and conditions of City responsibilities, as set forth in the MOU between the City of Costa Mesa and the County of Orange, in Section II, subsections C-G.

2. Payment to City will be due on or before the 15th of the following month. For example, the January payment would be made on or before the 15th of February. Payments made after the 15th of every month but prior to the last day of the month shall incur a 5 percent penalty. Payments received after a 30-day delinquency shall incur a 10% late penalty per late week. Multiple late payments may result in a breach of contract and termination of contract with Operator.

3. The selected vendor shall provide a POS that the City agrees with, and that the City can access to track all financial information.

4. All sales shall be recorded by means of a point-of-sale system which displays the amount of each sale and automatically issues a customer's pre-numbered receipt or verification of the amount recorded. Said point of sale system shall in all cases have locked-in sales totals and transactions counters which are constantly accumulating, and which cannot, in either case, be reset, and in addition thereto, a tape located within the register on which transaction numbers and sales details are imprinted. Beginning and ending cash register readings shall be made a matter of daily record. Note: In the event of a technical or 238

electrical failure of the cash register, LESSEE shall record by hand all collections, and issue a sequentially pre-numbered customer's receipt in like manner. Under no circumstances shall LESSEE conduct sales where such sales are not recorded, and customer receipts are not issued.

5. Cash transactions are allowed at the cafe for the purchase of concessions up to a $30 cash single purchase limit. Amounts over the limit must be processed via a point-of-sale system that accepts credit cards. The Operator must provide a detailed cash handling process that must be approved by the City, and available for review by an independent accounting firm contracted by the City.

6. The selected vendor shall furnish the Finance Director and/or City Manager with a cash basis monthly gross receipts report showing the amount payable therefrom to CITY. Such a report shall accompany each monthly payment required to be made as provided herein. The reporting period shall be by calendar month.

7. The selected vendor shall furnish the Finance Director and/or City Manager with a cash basis monthly revenue and expense report, an annual profit and loss statement, and a balance sheet prepared by a certified accountant in a form acceptable to said City Manager or designee. The monthly revenue and expense report shall be submitted with the monthly rental payment. The annual financial statement shall be submitted within sixty (60) days of the close of an Agreement year. Said closing date shall be determined by reference to the date for commencement of the term herein provided.

8. The selected vendor shall utilize a separate bank account into which all payments received are deposited, either via the point-of-sale system or cash, and all expenses are paid from, including, but not limited to equipment, supplies, maintenance expenses, staff salaries and benefits, etc.

9. All transactions, including cash can be audited at the City’s discretion at any time.

10. The selected vendor shall be required to maintain a method of accounting, to the satisfaction of CITY, which correctly and accurately reflects the gross receipts, and disbursements, operations costs, and any financing of vendor in connection with the authorized operations. The financial reports should include bank accounts established for the authorized operations, shall be separate from the accounting system used for any other business operated by vendor or for financial reports of personal financial affairs.

11. Accounting method shall include the keeping of the following documents:
a. Regular books of accounting such as general ledgers. b. Journals including any supporting and underlying documents such as vouchers, checks, tickets, bank statements, etc.
c. State and Federal income tax returns and sales tax returns and checks and other documents providing payment of sums shown which shall be kept in confidence by CITY. d. Cash register tapes (daily tapes may be separate but shall be retained so that from day to day the sales can be identified).
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e. Any other reporting records that the Finance Director and/or City Manager deems necessary for proper reporting of receipts.

12. All documents, books and accounting records shall be open for inspection and reinspection at any reasonable time during the term of this Agreement and for four (4) years thereafter. In addition, CITY will conduct an audit of the books and business conducted by the vendor and observe the operation of the business so that accuracy of the above records can be confirmed. Vendor acknowledges that CITY intends to audit the books and records of the vendor at least once prior to the expiration of the first year of the term of this agreement. All information obtained in connection with CITY'S inspection of records or audit shall be treated as confidential information and exempt from public disclosure thereof to the extent possible under law, excepting upon notification of termination of this contract, the averaged revenues from the most recent five (5) year period from vendor operations may be made available to the prospective bidders.

13. In the event that an audit or review conducted by the City finds that due to vendor’s non-compliance with its obligation to report gross receipts in connection with its operations authorized herein, an actual loss and/or a projected loss of revenue to CITY can be determined, the Finance Director and/or City Manager may, at his or her option, (1) bill vendor for said losses, said amount to be paid to CITY within thirty (30) days following billing therefor unless otherwise extended by the City Manager, and/or (2) use the Security Deposit as provided for herein; and/or (3) assess liquidated damages. The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure of vendor to correctly report gross receipts, and a projected loss of revenue due to CITY. The parties hereby agree that under the current circumstances a reasonable estimate of such damages is $500 per day for each day of the loss period as determined by CITY, and that the vendor shall be liable to CITY for liquidated damages in said amount. Should the City find that the additional rental payment due to CITY exceeds two percent (2%) of the total amount which should have been paid as determined by such review or audit and observation, and there being no reasonable basis for the failure to report and pay thereon, vendor shall pay any applicable penalties for the delinquent payments.

14. The State of California Constitution (art. XVI, § 6), prohibits the giving or lending public funds to any person or entity, public or private without a public purpose. If the City’s external independent auditor, in its review of the vendor’s accounting records, finds that the Operator’s profit margins are not reasonable and may appear to violate the State constitution as it relates to a gift of public funds the City, will create a Capital Fund into which the excess, as determined by an independent accounting firm contracted by the City, would be deposited into. Funds deposited into the Capital Funds account will be available to the City for the capital needs of the café/park, as outlined in this Agreement as the responsibility of the City. 240

15. The selected vendor shall not commingle any financial earnings or expenses from the other business operations towards any stakeholder contribution, payment, disbursement, reimbursement that may be related to the Operator.

16. The selected vendor shall be required to pay all taxes which may be assessed against equipment or other property belonging to or under the control of the vendor located on the leased premises, or other permitted improvements on the leased premises during the term of the Contract. The vendor shall be responsible to obtain and pay for all licenses, permits, fees, or other authorization or charges as required under federal, state, or local laws and regulations insofar as they are necessary to comply with the requirements of this Contract and the privileges extended thereunder.

H. Performance

1. The selected vendor will provide an annual report to the Parks and Community Services Director including data and statistics of operations of the café.

2. Quarterly Performance Meetings: Vendor’s management staff will meet with City on a quarterly basis to review areas of performance, follow-through, product, and service.

3. Annual evaluation of the selected vendor’s performance will be completed on contract execution anniversary each year the Concession Agreement is in force. Said evaluation will be graded on the following areas:
a. Quality/Value of Food & Beverage Products
b. Service and Communication
c. Financial Performance
d. Facility and Equipment Operations

I. Financial Terms

1. The Cafe is a public government facility. As a government owned facility, revenues generated should benefit all users and taxpayers of the City of Costa Mesa while allowing for reasonable operating costs by a professional vendor that is financially viable for your firm. Based on your firm’s expertise, please provide a flexible revenue sharing proposal that maintains affordability for the vendor while allowing for the City to receive sufficient funds for the benefit of the Cafe’s users and taxpayers of Costa Mesa is the primary financial objective

2. The City is open to considering creative and flexible revenue sharing strategies to ensure the long-term success of this City owned asset.

3. Payments and fees are as follows:
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a. Selected vendor shall pay the City a monthly fee percentage of all gross revenue generated or a flat monthly fee, or any combination thereof. Any other creative funding strategy including a base rent amount that fluctuates by season will also be considered. b. Within this RFP please explain in detail the revenue sharing strategy your firm recommends that is financially attainable for your firm.
c. Minimum monthly fee subject to CPI increases annually. d. All rates and terms subject to City Manager approval and/or his/her designee

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APPENDIX B

SAMPLE

PROFESSIONAL/MAINTENANCE SERVICE AGREEMENT

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EXHIBIT C

CONCESSIONAIRE’S PROPOSAL

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PROPOSAL FOR LIONS PARK CAFÉ

CONCESSIONS SERVICES
Request for Proposal 26-05
Submitted by:

Neat Coffee: 1922 Pomona Ave, Costa Mesa, 92627
Alexandria Garvin: 562.852.4136 / [email protected] / 1968 Anaheim Ave, Costa Mesa, 92627

October 22, 2025
Dear Mr. Fuentes and Selection Committee:

Neat Coffee is honored to submit this proposal to operate the Lions Park Café, a space we believe represents the heart of community connection in Costa Mesa. As a locally owned business founded in 2015, we have spent the past decade building meaningful relationships with Costa Mesa residents and establishing ourselves as a gathering place where neighbors meet, ideas are shared, and community thrives.

This opportunity feels like a natural extension of everything Neat Coffee stands for. Our mission has always been to create spaces for human connection, and the Lions Park campus—with its library, recreation center, pool, park, and event lawn—is already a vibrant hub where our community gathers daily. We are excited about the prospect of serving the diverse visitors to this campus: families attending story time, students on study breaks, seniors completing their lap swim, children playing at airplane park, and attendees of the many city-hosted events throughout the year.

Our proposal demonstrates our commitment to providing high-quality, affordable café services while being a collaborative partner to the City. We will offer carefully sourced coffee (soon to be roasted by us at our upcoming Sunset Beach location), thoughtfully prepared food, and a welcoming atmosphere that serves all members of our community. Our pricing will be deliberately set below market rate to ensure accessibility within this publicly funded space, and we will implement discount programs for library cardholders, seniors, and city staff.

Beyond operating a café, we envision being an active partner in the life of the Lions Park campus. We will coordinate with adjacent facilities to support their programming, host community events on the lawn, and continue our tradition of bringing people together through movie nights, run clubs, artist showcases, and civic engagement opportunities.

The individual authorized to bind Neat Coffee to this proposal is myself, Alexandria Garvin, Neat Coffee Owner. Our nearest office is located at 1922 Pomona Ave, and this project will be managed from this location. We are a for-profit corporation with deep local roots and a commitment to community benefit.
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We look forward to the opportunity to discuss this proposal with you and to answer any questions about our vision for the Lions Park Café.

Respectfully submitted,

Alexandria Garvin,
Owner of Neat Coffee

BACKGROUND AND PROJECT SUMMARY
Understanding of the City and the Project
The City of Costa Mesa is a thriving community of approximately 115,000 residents known for its cultural institutions, diverse neighborhoods, and commitment to quality public spaces. Lions Park represents a significant municipal investment in community infrastructure, bringing together educational, recreational, and cultural resources in one accessible campus.

The Lions Park Café, made possible through generous support from Orange County Supervisor Katrina Foley's office, is designed to serve as a community amenity for the library, park, pool, recreation center, event lawn, and surrounding neighborhoods. This approximately 1,100 square foot facility with outdoor decking represents an opportunity to enhance the visitor experience while generating revenue for the City through a public-private partnership.

Our Understanding of the Work to Be Done
Neat Coffee will provide full-service café operations including:

Product Offerings: We will offer a comprehensive menu of beverages and food items designed to serve the diverse needs of campus visitors. Our beverage program will include hot and iced coffee, espresso-based beverages, a variety of teas, matcha drinks, hot chocolate, and bottled beverages including water and juices. Our food offerings will include fresh açaí bowls, locally sourced pastries, pre-made sandwiches and salads, overnight oats, and healthy snacks—all designed for both sit-down enjoyment and grab-and-go convenience.

Operating Hours: We propose operating seven days per week from 7:00 AM to 5:00 PM to align with the majority of Donald Dungan Library hours and to serve morning lap swimmers, lunchtime visitors, and afternoon recreation center participants. We will remain flexible to extend hours during special events or to better serve the community's needs as usage patterns become clear.

Staffing: The café will operate with a staff of full time employees and maintain a minimum of two trained staff members during all operating hours; scaling to three, four, or five staff members during 246
high-traffic periods and city-hosted events. Our team will be professionally trained, customer-service oriented, and certified as required by Orange County Health Department regulations.

Community Integration: We will actively coordinate with all adjacent facilities—the library, recreation center, pool, event center, and event programming staff—to understand their schedules and needs, enabling us to provide tailored service and support for their programs and visitors.

Objectives to Be Accomplished
Excellence in Service: Provide high-quality beverages and food with friendly, professional service that reflects well on both Neat Coffee and the City of Costa Mesa.

Accessibility and Affordability: Maintain pricing deliberately below market rate to ensure the café serves all community members within this publicly funded space.

Community Partnership: Serve as an active partner to city facilities and programs, offering discount programs for library cardholders, seniors, and city staff, and coordinating service around all events.

Financial Sustainability: Operate a financially viable business that provides fair compensation to the City through our proposed revenue-sharing arrangement while maintaining the quality and affordability our community deserves.

Environmental Responsibility: Implement comprehensive recycling and composting programs in compliance with California State law and Costa Mesa municipal code, using only recyclable or compostable disposable items.

Facility Stewardship: Maintain the café and surrounding areas to the highest standards of cleanliness and functionality, treating this city asset with the care it deserves.

METHOD OF APPROACH
Implementation Plan and Project Management
Phase 1: Pre-Opening Preparation (Months 1-3)
Upon contract award, Neat Coffee will immediately begin detailed planning in coordination with City staff. We recognize that certain facility improvements are necessary for full functionality and health department compliance, specifically the installation of a floor drain in the front service area and plumbing of water lines for our espresso machine and batch brew machine.

During this preparation phase, we will:
● Finalize equipment specifications and placement plans with City facilities staff ● Coordinate with the City on timeline for installation of floor drain and water line infrastructure ● Work with City staff to develop appropriate exterior signage that incorporates Neat Coffee branding while complementing the "Café Mesa" designation (if approved) 247
● Obtain all necessary permits and licenses, including a separate Costa Mesa business license for this location and an Orange County Public Health Permit ● Procure and prepare all equipment including our espresso machine, grinders, point-of-sale system, and small wares
● Source furniture and equipment for the outdoor deck seating area ● Recruit, hire, and train staff through our established training program ● Develop opening menu and pricing structure
● Establish relationships with food vendors and suppliers ● Create operational procedures manual specific to this location ● Set up separate accounting systems as required by the concession agreement We estimate this preparation phase will require approximately three months, recognizing that the timeline for city-installed infrastructure (floor drain and water lines) will be the primary determining factor. We are prepared to work efficiently once these critical elements are in place.

Phase 2: Soft Opening and Adjustment Period (Month 4)
We will conduct a soft opening period to test operations, refine service flow, gather community feedback, and make any necessary adjustments to staffing, inventory, or procedures before fully ramping up marketing and promotional activities.

Phase 3: Full Operations (Month 5 and Ongoing)
Once systems are refined, we will move to full operations with active community engagement, event coordination with city facilities, and implementation of all discount and promotional programs.

Project Management Structure:

Our project management approach emphasizes clear communication, accountability, and responsiveness:
● Project Manager: Ally Garvin and Min Lee will serve as the primary points of contact with the City and will oversee all aspects of café operations. Min Lee is a current Neat Coffee employee with extensive experience in our operating philosophy and customer service standards. ● Communication Protocols: The Project Managers will maintain regular communication with the City's designated representative, responding to inquiries within 24 hours and proactively sharing information about operations, challenges, and opportunities. ● Quality Control: We will implement daily operational checklists, weekly inventory and equipment maintenance reviews, and monthly comprehensive facility inspections to ensure consistent quality and compliance.
● Staffing Management: The Project Managers will be responsible for hiring, training, scheduling, and supervising all café staff, ensuring adequate coverage for all operating hours and special events.

Methodology for Stakeholder Engagement:
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Understanding that the Lions Park campus serves multiple constituencies, we will implement a systematic approach to stakeholder input:
● Pre-Opening Consultation: Before finalizing our menu, pricing, and operational details, we will schedule meetings with library leadership, recreation center management, pool facility staff, and event programming coordinators to understand their needs and how we can best support their visitors and programs.
● Ongoing Communication: We will establish regular touchpoints (minimally quarterly, as specified in the RFP) with City staff to review operations, address concerns, and identify opportunities for collaboration.
● Community Feedback Mechanisms: We will create accessible channels for patron feedback, including comment cards, digital feedback forms, and in-person conversation with management, using this input to continuously improve our service. ● Event Coordination: We will proactively communicate with city event organizers to understand upcoming activities and plan appropriate staffing, special offerings, and support for campus events.

Detailed Approach to Scope of Work Requirements
Operations Excellence:

Product Quality and Safety: All food and beverage preparation will comply with Orange County Health Department regulations. We will maintain all equipment to manufacturer specifications. Industry standards for dispensing temperatures will be strictly observed. Food items prepared off-site will be warmed using appropriate equipment. No cooking will occur on-site.

Menu Offerings: Our menu will include:
● Hot & Cold Coffee drinks (espresso-based beverages, drip coffee, pour-over options) ● Tea program (hot and iced tea options)
● Specialty beverages (matcha lattes, hot chocolate, seasonal offerings) ● Non-dairy milk alternatives
● Bottled water and juices
● Açaí bowls
● Pre-made sandwiches, pastries, and baked goods
● Fresh pre-made salads
● Overnight oats
● Healthy snacks
● Fresh fruit options
All items will be clearly labeled with ingredients to accommodate dietary restrictions and allergies. We will not sell tobacco products, alcoholic beverages, chewing gum, or beverages in glass containers.

Pricing Philosophy: Recognizing that the Lions Park Café operates within a publicly funded facility, we will price our offerings deliberately below typical market rates. Our pricing will balance accessibility for all community members with financial sustainability for our operation. Specific discount programs will include:
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● Library cardholder discount (presented at time of purchase) ● Senior discount
● Costa Mesa city staff discount
● Special event pricing for city-hosted events
● Story time specials (discounted parent/child combos coordinated with library programming) Sustainability Program: Neat Coffee is committed to environmental responsibility. Our sustainability program includes:
● Use of only recyclable or compostable napkins, serveware, and beverage containers ● Clearly labeled recycling and composting stations for patron use ● Organic waste recycling services arranged to meet all State and local requirements ● Partnership with local non-profit organizations such as Someone Cares Soup Kitchen to redistribute end-of-day food items rather than disposal, in accordance with RFP requirements ● Source reduction through careful inventory management and demand forecasting Customer Service: All staff will be trained in Neat Coffee's customer service philosophy emphasizing warmth, efficiency, and genuine care for each person we serve. Our team will be identifiable through Neat Coffee branded apparel (not using City logos, as specified) and will maintain professional, courteous interactions with all patrons. We will address complaints promptly and directly, with the Project Manager taking personal responsibility for resolution of any service issues.

Hours of Operation: We will operate seven days per week from 7:00 AM to 5:00 PM, covering the majority of library operating hours and serving morning through early evening visitors. We will remain flexible to adjust these hours based on usage patterns and community needs, and will ensure operation during all special City events (weather permitting). Our schedule will be clearly posted and communicated through coordination with adjacent facilities.

Facility Management:

Maintenance and Cleanliness: We will maintain the concession area and surrounding outdoor seating to the highest standards. Our protocols include:
● Multiple daily cleaning sweeps of service areas, floors, and equipment ● Immediate attention to spills or cleanliness issues
● Daily thorough cleaning of all surfaces, fixtures, and equipment at close of business ● Pickup and proper disposal of all trash and debris into City-provided containers ● Weekly deep cleaning procedures
● Proper maintenance of all equipment according to manufacturer specifications ● Prompt reporting to City facilities staff of any maintenance needs beyond our scope Equipment and Furnishings: Neat Coffee will provide and maintain:
● Commercial espresso machine
● Coffee grinders
● Batch brew coffee system
● Freezer for açaí bowls (to be scooped, not blended)
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● Small wares and service items
● Point-of-sale system
● Outdoor seating furniture and tables for deck area
All equipment will be new or well-maintained, of professional quality, and appropriate in scale for the 1,100 square foot facility. Any additional equipment beyond what is provided by the City will be approved in writing by the City Manager or designee prior to purchase or installation, in accordance with RFP requirements.

Equipment purchased by Neat Coffee will remain our property during the concession agreement term and will be maintained in excellent condition. We acknowledge that at the conclusion of the agreement, the City may have the option to purchase our equipment at depreciated value.

Facility Access and Security: We will work with City staff to establish secure key control protocols for the café, storage areas, and any assigned gates or doors. Keys will be safeguarded and never duplicated without City approval. Our keyholders will be responsible for opening and securing the facility daily, with backup procedures in place for staff absences. We will maintain a current list of authorized employees with the City.

Utilities and Communication: Neat Coffee will pay all utility costs associated with the café operation, including water, electricity, phone, and internet service. We will establish our own business telephone line & use our company mailing address for business correspondence, not City contact information.

Infrastructure Requests: To ensure the facility meets Orange County Health Department requirements and functions optimally, we respectfully request that the City install:

1. A floor drain in the front service area beneath the planned espresso machine location

2. Water line plumbing to provide filtered water connections for:
○ Espresso machine
○ Batch brew coffee machine
We recognize these infrastructure improvements will require coordination with City public works and may involve drilling through concrete, potentially extending our pre-opening timeline. We are committed to working collaboratively with City staff to complete these improvements efficiently.

We also propose developing tasteful exterior signage that incorporates Neat Coffee branding alongside the "Café Mesa" name, subject to City approval of all designs and placements.

Staffing and Training
Hiring Approach:

Our hiring strategy prioritizes individuals who share Neat Coffee's values of community connection, service excellence, and genuine care for people. We will recruit through our existing network of Costa Mesa community members as well as posted opportunities highlighting the unique nature of this public-serving position. All candidates will undergo interview screening, reference checks, and trial shifts before hiring decisions are made.
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Training Program:

Every staff member will complete comprehensive training including:
● Neat Coffee service philosophy and customer interaction standards ● Espresso preparation and coffee brewing techniques
● Food safety and sanitation practices
● Point-of-sale system operation and cash handling procedures ● Knowledge of menu items, ingredients, and accommodation of dietary needs ● Sustainability practices including proper sorting of recyclables and compostables ● Emergency procedures and protocols
● Orange County Health Department compliance requirements Training will be documented and updated as procedures evolve.

Safety Plan:

Our safety program addresses both employee and public safety:
● All staff will be trained in safe equipment operation, including proper use of espresso machines, grinders, blenders, and warming equipment
● Slip, trip, & fall hazard prevention through immediate spill cleanup & proper floor maintenance ● Burn and cut prevention protocols
● Proper lifting techniques for inventory handling
● Food allergen awareness and prevention of cross-contamination ● Emergency contact information and procedures posted in staff areas ● First aid kit maintained on premises
● Regular safety meetings to review procedures and address concerns ● Workers' compensation insurance maintained as required by California law Supervision and Accountability:

The Project Manager will provide daily oversight and will be present during high-volume periods. All staff will have clear job descriptions, performance expectations, and regular feedback. We will maintain adequate staffing ratios to ensure no employee works alone and to maintain service quality during peak periods.

Financial Management and Reporting
Point of Sale System:

We will implement a modern, cloud-based point-of-sale system that:
● Records all transactions with automatic sales totals & transaction counters that cannot be reset ● Issues sequentially numbered customer receipts for all transactions ● Maintains detailed electronic records accessible to City auditors ● Provides real-time reporting capabilities
● Enables City staff to access financial data as specified in the concession agreement 252
In the unlikely event of system failure, we will immediately implement manual record-keeping using pre-numbered receipt books and will record all transactions by hand until system functionality is restored. Under no circumstances will we conduct unrecorded sales.

Cash Handling:

While we anticipate the majority of transactions will be electronic (credit/debit cards, mobile payments), we will accept cash up to the specified $30 single-purchase limit, with amounts exceeding this limit processed via electronic payment. Our detailed cash handling procedures include:
● Opening and closing cash counts with documentation
● Cash drawer limits to minimize loss exposure
● Dual-employee counts for all cash transactions over specified thresholds ● Daily reconciliation of cash receipts against register records ● Secure transport and bank deposit procedures
● Documentation trail for all cash transactions
These procedures will be submitted to the City for review and approval prior to opening, and will be available for independent audit at any time.

Separate Accounting:

As required by the concession agreement, Neat Coffee will establish and maintain a separate bank account dedicated exclusively to Lions Park Café operations. All revenue from the café will be deposited into this account, and all café-related expenses will be paid from this account. This separation ensures clean accounting and facilitates audit and verification of gross receipts.

Monthly Reporting:

By the 15th of each month, we will provide to the City:
● Payment of the monthly fee as specified in our revenue-sharing proposal ● Cash basis monthly gross receipts report showing total sales and payment calculation ● Any notes or explanations of unusual circumstances or variations from typical operations Annual Reporting:

Within 60 days of each contract anniversary, we will provide:
● Annual profit and loss statement prepared by a certified accountant ● Balance sheet in a form acceptable to the City Manager or designee ● Statistical summary of operations including patron counts, popular items, seasonal trends ● Narrative report on the café's contribution to the Lions Park campus community Audit Cooperation:

We understand and agree that the City may audit our books and records at any time during the contract term and for four years following. We will:
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● Maintain all required documentation including general ledgers, journals, vouchers, checks, tickets, bank statements, tax returns, and daily sales records ● Provide full access to all accounting records at reasonable times ● Cooperate completely with City auditors/ independent accounting firms contracted by the City ● Ensure all records are organized, complete, and readily accessible ● Treat City requests for confidential information (such as tax returns) with appropriate discretion We acknowledge that if an audit reveals under-reporting of gross receipts resulting in loss of revenue to the City exceeding 2% of amounts due, we will be responsible for applicable penalties, back payments, and potentially liquidated damages as specified in the agreement.

Regulatory Compliance:

Neat Coffee will be solely responsible for:
● All federal, state, and local tax obligations
● Business license fees for the café location
● Health department permit fees
● Required insurance premiums
● Any other licenses, permits, or regulatory fees necessary for legal operation Community Engagement and Partnership
Connection to Lions Park Programming:

We see the Lions Park Café as an integral part of the campus ecosystem, not just a standalone business. Our approach to community partnership includes:

Library Coordination: We will work closely with library staff to:
● Align our hours as well as offer specials during their story times and other planned activities ● Provide a welcoming outdoor break space for students and guests of the library ● Offer library cardholder discounts to encourage library patronage ● Provide catering or special service for meetings and events ● Explore opportunities for literacy-themed promotions or author event support Recreation Center Partnership: We will:
● Coordinate with recreation programmers to understand class schedules and participant needs ● Offer healthy options appropriate for active individuals and families ● Consider special offerings tied to recreation programs (post-class refreshments, etc) Aquatics Facility Connection: We will:
● Provide healthy recovery options appropriate for swimmers ● Maintain awareness of pool schedules to anticipate customer flow 254
Event Lawn Activation: As specified in the RFP, we are looking forward to hosting 12 special events annually on the event lawn. We have experience using TESSA for approval. These events will:
● Be family-friendly and inclusive
● Draw visitors to the Lions Park campus
● Showcase Neat Coffee's community connection mission
● Respect other scheduled uses of the space
● Be coordinated well in advance with City events staff Neat Coffee Community Programming:

Beyond café operations, we will continue and expand Neat Coffee's tradition of community-building:

Established Programs We Will Bring to Lions Park:
● “Neat @ Nite” movie nights on the event lawn (utilizing our permitted event allocation) ● Community run club meeting at the café before routes through the neighborhood ● Art displays featuring local Costa Mesa artists
● Small business markets for local artisans and makers
● Civic engagement opportunities & seasonal celebrations New Programs Specific to This Location:
● Library partnership programming around literacy and education themes ● Family-friendly activities coordinated with recreation programming ● Recognition events for public servants/frontline workers (building on our successful Hero's Day for Costa Mesa firefighters)
All programming will be coordinated with City staff to ensure compatibility with other campus activities and to maximize benefit to the community.

Accessibility and Inclusion:

Our below-market pricing strategy and discount programs are designed to ensure the café serves the entire Costa Mesa community. Beyond pricing, we will:
● Train staff in welcoming service for all community members ● Maintain physical accessibility in our outdoor seating arrangements ● Accommodate dietary restrictions and allergies with clear ingredient labeling ● Create a welcoming atmosphere where all Lions Park visitors feel comfortable ● Listen to community feedback about how we can better serve diverse needs Project Schedule
Months 1-3: Pre-Opening Phase
● Week 1-2: Finalize equipment specifications; coordinate with City on infrastructure improvements (floor drain, water lines)
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● Week 3-4: Obtain business license & health permit applications; finalize signage designs for City approval
● Month 2: Monitor infrastructure installation progress; procure equipment and furniture; develop operational procedures manual
● Month 3: Complete equipment installation once infrastructure ready; begin staff recruitment and training; finalize vendor contracts; conduct pre-opening inspections ● End of Month 3: Receive health department approval; complete staff training; stock inventory Month 4: Soft Opening
● Weeks 1-2: Limited-hour soft opening to test operations and refine procedures ● Weeks 3-4: Full-hour operations with ongoing refinement based on initial feedback ● End of Month 4: Complete assessment and adjustment period Month 5 and Beyond: Full Operations
● Ongoing daily operations per standard schedule
● Quarterly performance meetings with City staff as well as annual evaluations ● Seasonal menu adjustments & community event programming This timeline assumes a 3-month lead time for City installation of required infrastructure (floor drain and water line plumbing). We are prepared to adjust this schedule based on actual infrastructure completion dates and will work efficiently to minimize time from infrastructure completion to opening.

City Staff Requirements
To ensure successful implementation, we will require the following from City staff:
● Pre-Opening Phase:
○ Installation of floor drain in service area beneath espresso machine location ○ Plumbing of water lines for espresso machine & batch brew coffee machine ○ Provision of keys for café and any storage areas
○ Review and approval of exterior signage designs
○ Coordination on business license
○ Designation of City Project Manager as primary liaison ● Ongoing Operations:
○ Quarterly performance meetings with designated City representative ○ Reasonable advance notice of special events requiring adjusted staffing or hours ○ Access to facility for routine city inspections (we understand these may occur any time) ○ Prompt communication of any facility maintenance needs outside of our scope We are committed to being a low-maintenance, high-value partner that minimizes demands on City staff time while maximizing community benefit.

Innovative and Creative Approaches
Beyond meeting all RFP requirements, we propose several innovations:
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Seasonal Local Partnerships: We will actively seek partnerships with local farmers, bakers, and food producers to feature hyper-local ingredients and products, strengthening local economic connections and providing unique offerings not available elsewhere.

Digital Engagement: We will maintain an active social media presence highlighting not just our offerings but the broader Lions Park campus activities, helping promote library programs, recreation classes, and city events to our established follower base.

Feedback Loop Integration: Rather than treating community feedback as complaints to be addressed, we will actively solicit input through quarterly community surveys, suggestion opportunities, and periodic focus groups, treating Lions Park Café as a living experiment in community-responsive business.

Educational Component: Working with library staff, we could develop informal coffee education programming—from brewing techniques to coffee sourcing—that aligns with the library's educational mission while adding unique value for café visitors.

Economic Access Innovation: Beyond our discount programs, we will explore a "pay it forward" program allowing customers to pre-purchase beverages or food items for community members in need, fostering generosity and ensuring no one feels excluded from café participation due to economic constraints.

QUALIFICATIONS & EXPERIENCE OF THE FIRM
Business Structure and History
Corporate Information:

Neat Coffee is a for-profit LLC that was incorporated in the State of California in August of 2015, marking ten years of service to the Costa Mesa community. Our principal cafe & office is located at 1922 Pomona Ave which opened in May 2019. We operate under the business name Neat Coffee and do not conduct business under any other names in California.

Corporate Officers:

Alexandria Garvin, Founder and Owner of Neat Coffee. I don’t own any other businesses.

Local Office:

Our Pomona Ave location opened in 2019, and we have been serving the Westside community for over six years. This proximity to Lions Park means we bring deep knowledge of the local community and established relationships with the residents we will serve.

Experience with Similar Contracts
Current Operations:
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Neat Coffee currently operates one location in Costa Mesa, serving residents within walking distance, young professionals working remotely & many young families.. Our café demonstrates our ability to:
● Maintain consistent quality and service over extended periods ● Build loyal customer relationships within a community setting ● Manage inventory, staffing, and financial operations efficiently ● Adapt to changing customer needs and preferences
● Maintain excellent standing with health and regulatory agencies Relevant Project Experience:

While this will be Neat Coffee's first formal concession agreement with a public agency, our operational experience directly parallels the requirements of the Lions Park Café:

Daily Operations Management: We have successfully operated a full-service café for 10 years, demonstrating our capability to:
● Maintain health department compliance without violations ● Manage multi-person staff teams with professional training and accountability ● Control costs while maintaining quality
● Forecast inventory needs and manage vendor relationships ● Provide consistent customer service across varying staff schedules ● Maintain equipment properly to avoid service disruptions Community Event Programming: Our established track record of hosting community events demonstrates capability to:
● Plan and execute public gatherings safely and successfully ● Market events effectively to draw participation
● Manage logistics of outdoor events & partner with public agencies Financial Management: Our history of sustainable business operations shows:
● Accurate accounting and financial reporting
● Tax compliance and proper business licensing
● Cash handling security and accountability
Qualifications for This Specific Project
Local Expertise:

Neat Coffee brings intimate knowledge of Costa Mesa and specifically the Lions Park area. Our decade of presence in this community means we understand:
● The demographics and preferences of local residents
● Seasonal patterns in Costa Mesa (beach proximity influence, school year rhythms, etc.) ● Local expectations for service, quality, and pricing
● The network of community organizations and leaders
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● Costa Mesa's culture and values as a city
Coffee and Food Quality Capabilities:

Our upcoming coffee roasting operation in Sunset Beach represents significant investment in quality and demonstrates our commitment to growth and improvement. This capability will allow us to:
● Control coffee quality from roasting through service
● Develop custom blends specific to Lions Park Café
● Ensure freshness of coffee offerings
● Reduce supply chain complexity and potential disruptions Our established vendor relationships for food products ensure access to quality pastries, fresh ingredients, and reliable supply chains.

Community Connection Mission:

Unlike corporate operators, Neat Coffee's core mission is community connection. This aligns perfectly with the City's vision for Lions Park Café as a community amenity We take pride in creating space for intergenerational gatherings where all ages feel welcome and facilitating community-building through structured programs & organic daily interaction.

Commitment to This Location:

This opportunity represents more than a business contract for Neat Coffee—it represents the chance to deepen our service to a community we already love and to be present in a location where community connection naturally occurs. We are committed to:
● Long-term presence (we are proposing a 3-year agreement with renewal options) ● Investment in quality equipment and furnishings
● Building a trained, stable staff team
● Active partnership with city facilities and programming ● Responsive adaptation based on community needs
Relevant Certifications and Qualifications:
● Current Costa Mesa Business License: HDL-29224
● ServSafe Food Protection Manager Certification: Min Lee #28117182 Community Involvement and Civic Engagement
Charitable Contributions and Community Support:

Neat Coffee's community involvement goes beyond financial contributions to active participation:

We have made many donations to local schools, nonprofits, and churches, as well as donated coffee to the senior center, Love Costa Mesa Day, and many other gatherings within the city.

In-Kind Space Donations: We provide our café space at no charge for:
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● Community organization meetings
● Fundraising events for local causes
● Art receptions for local artists
● Small business pop-up markets
Event Hosting for Public Benefit: Our community events serve public good:
● Hero's Day for Costa Mesa firefighters (raised funds for Costa Mesa Firefighter Association) ● Civic engagement conversations with city council members and staff ● CMABS meetings and discussions about street safety and urban planning ● Free community movie nights creating no-cost entertainment options ● Book Tour stops creating space for learning and connection Platform for Local Voices: We use our café as a platform for:
● Local artist exhibitions (providing exposure and sales opportunities) ● Small business artisan markets (supporting local entrepreneurs) ● Community information sharing about city programs and services Regular Programming with Community Benefit:
● Run club and swim club which provides fitness community and social connection ● Educational events about various topics of community interest ● Seasonal celebrations that bring neighbors together
Philosophy of Community Investment:

We view our business as inseparable from community wellbeing. Success for Neat Coffee means contributing to a thriving, connected Costa Mesa where neighbors know each other, civic engagement is accessible, and gathering spaces strengthen community fabric. This philosophy will extend fully to Lions Park Café operations, where we see even greater opportunity to serve the community given the public nature of the location and the diverse visitors to the campus.

FINANCIAL CAPACITY
Neat Coffee is entering a growth period with a second location to open next month along with the start of a coffee roasting program. These two things set us up for exponential growth as we increase our margins and begin selling beans both wholesale and directly to customers.

Neat maintains excellent relationships with vendors and lenders with zero defaults on business obligations. We are prepared to provide additional financial documentation as requested by the City during the evaluation process to demonstrate our capability to sustain café operations while meeting our obligations to the City.

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KEY PERSONNEL
Project Managers: Alexandria (Ally) Garvin & Min Lee
Ally and Min will serve as Project Managers for the Lions Park Café and will be the primary points of contact for the City.

Min Lee currently serves as store manager of Neat Coffee and has been with the company since April 2021. He has a deep understanding of Neat Coffee's mission, operational philosophy, and customer service standards, a proven track record in staff training and team leadership, strong organizational and communication skills, and knowledge of health department regulations & compliance requirements. Having worked in the food service industry for over a decade, Min has invaluable experience and insight to bring to the table. He works hard and always pushes to be better.

Responsibilities for Lions Park Café:
● Overall management of daily café operations
● Staff hiring, training, scheduling, and supervision
● Quality control and compliance oversight
● Financial reporting and record-keeping coordination
● Community programming development and execution
● Problem resolution and customer service excellence
Contact Information: Min Lee
Additional Key Personnel:

Additional staff members will be hired following the awarded contract. All team members will be thoroughly trained in Neat Coffee's operational standards and customer service philosophy before beginning independent work. Resumes and contact information for all key staff members will be provided to the City once hiring is complete.

Staffing Continuity:

The Project Manager will be a consistent presence throughout the contract term, providing stability and institutional knowledge. While front-line staff may change over time due to normal turnover, we will maintain comprehensive training systems and documentation to ensure service consistency regardless of individual personnel changes.

COST PROPOSAL
Neat Coffee's financial proposal is structured to balance three critical priorities:

1. Community Accessibility: Maintaining pricing below market rate to serve all Lions Park campus visitors
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2. Operational Sustainability: Ensuring adequate revenue to provide quality products, fair wages, and excellent service

3. Fair Return to the City: Providing reasonable compensation to the City for use of this public asset
Revenue Sharing Proposal
Monthly Payment to City: 3% of Gross Sales
We propose paying the City three percent (3%) of all gross revenue generated by café operations.

This percentage-based approach:
● Aligns City compensation with café success (higher sales = higher City revenue) ● Reflects our commitment to below-market pricing that prioritizes community access ● Ensures financial sustainability for quality operations and fair employee compensation Payment Terms:

Payment will be submitted by the 15th of each month following the month of sales. Payments will be accompanied by the required gross receipts report and monthly revenue/expense statement.

We acknowledge and agree to the penalty structure outlined in the RFP and are committed to timely payment and transparent financial reporting. Our point-of-sale system and separate accounting structure will facilitate accurate, timely reporting.

Rationale for 3% Revenue Share:

Below-Market Pricing Strategy: As outlined throughout this proposal, we are committing to pricing deliberately below typical market rates to ensure accessibility within this publicly-funded space. This pricing philosophy directly reduces our gross revenue and profit margins compared to standard commercial café operations.

Discount Program Costs: Our proposed discount programs (library cardholders, seniors, city staff, story time specials, event pricing) will further reduce revenue while serving the community benefit objectives of this location.

Startup Infrastructure Costs: While we very much appreciate the City's provision of the basic facility, not to mention refrigeration, ovens, and more, Neat Coffee will be investing significant capital into commercial espresso machine and coffee equipment, point-of-sale system and technology, furniture & outdoor seating for the deck area, initial inventory & supplies, & staff recruitment and training costs.

Ongoing Operational Costs: We will bear all costs including all utilities (water, electricity, phone, internet), staff wages and benefits, inventory and supplies, equipment maintenance and repairs, insurance premiums, business licenses and permits, separate accounting and reporting systems.

Community Programming Investment: Beyond basic café operations, we are committing to active community programming, event hosting, and partnership activities that require staff time and resources but generate limited or no direct revenue.
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Long-Term Commitment: This percentage is designed to be sustainable throughout the 3-year initial term and potential renewal periods, ensuring stable partnership with the City rather than an unsustainable arrangement requiring renegotiation.

Alternative or Supplementary Arrangements:

While our primary proposal is the 3% revenue share, we remain open to discussing creative arrangements with the City, such as:
● A hybrid model with a modest minimum monthly base payment supplemented by percentage of sales above certain thresholds
● Seasonal adjustments recognizing that summer months may see higher traffic than winter months
● Performance incentives tied to customer satisfaction metrics or community engagement activities
We are committed to finding a financial arrangement that works for both parties and prioritizes the community benefit objectives of this public facility.

Cost Control and Efficiency
To ensure financial sustainability while maintaining quality and affordable pricing, Neat Coffee will implement:
● Careful inventory management to minimize waste
● Energy-efficient equipment and practices to control utility costs ● Efficient staffing models that maintain service quality while controlling labor costs ● Strategic vendor relationships for favorable pricing on quality products ● Regular financial analysis to identify opportunities for efficiency improvements

PERSONAL CONNECTION TO LIONS PARK
While this proposal focuses primarily on Neat Coffee's qualifications and operational plans, I want to briefly acknowledge the personal significance of this opportunity.

For the past twenty years, Lions Park has been woven into my life in Costa Mesa. In 2006, while in college, I worked for an after-school program serving high school students at the recreation center, giving me early insight into the important role this campus plays in young people's lives. Over the following two decades, I've witnessed the transformation of this area—the development of the park, the construction of the beautiful Donald Dungan Library, and the evolution of Lions Park into the vibrant community hub it is today.

I am currently a proud punch card holder for adult lap swim at the pool and for the past five years, Lions Park has taken on new meaning as I've walked my daughter to this campus countless times for library story time, mornings at the playground, and afternoon ballet classes at the recreation center. 263
This history means that the opportunity to operate the Lions Park Café feels like a natural continuation of my family's relationship with this special place. I understand firsthand the rhythms of this campus, the needs of the visitors, and the community-building potential of this location. More importantly, I'm deeply invested in ensuring that this café serves the community well—because this community includes my neighbors, my daughter's friends and their families, and the people who have made Costa Mesa home.

DISCLOSURE
I am an active participant in my community and because of that, I have had many interactions with city council members such as attending a trip to Bixby Knolls with Arlis Reynolds, swimming in the ocean with Andrea Marr, and serving coffee to our neighbor Manuel Chavez.

CONCLUSION
Neat Coffee respectfully submits this proposal with genuine excitement about the opportunity to serve the Lions Park community. Our ten-year track record in Costa Mesa, our commitment to community connection over pure profit, our operational expertise, and our deep understanding of this specific location make us uniquely qualified for this partnership.

We offer the City:
✓ A proven local operator with a decade of successful café operations in Costa Mesa ✓ Community-first philosophy demonstrated through extensive civic engagement & programming ✓ Affordable, high-quality offerings with deliberate below-market pricing for public benefit ✓ Financial sustainability with transparent accounting and fair revenue sharing ✓ Collaborative partnership approach with City facilities and programming ✓ Professional operations meeting all health, safety, and regulatory requirements ✓ Long-term commitment to being an asset to Lions Park campus The Lions Park Café represents an opportunity to enhance an already wonderful community resource. We are ready to bring Neat Coffee's warmth, quality, and community connection to this new location, serving the diverse visitors to the library, recreation center, pool, park, and event lawn.

Thank you for your consideration of this proposal. We welcome the opportunity to discuss any aspect of our plans in greater detail and look forward to the possibility of partnership with the City of Costa Mesa.

Respectfully submitted,

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VENDOR APPLICATION FORM
FOR RFP No. 26-05 Lions Park Café Concessions Services

TYPE OF APPLICANT: ☐ NEW ☐ CURRENT VENDOR
Legal Contractual Name of Corporation: Neat Coffee Co., LLC Contact Person for Agreement: Alexandria (Ally) Garvin
Title: Neat Coffee Owner E-Mail Address: [email protected] Business Telephone: (949) 873-6328 Business Fax: ____________ Corporate Mailing Address: 1922 Pomona Ave
City, State and Zip Code: Costa Mesa, CA 92627
Contact Person for Proposals: Ally Garvin
Title: Neat Coffee Owner E-Mail Address: [email protected] Business Telephone: (562) 852-4136 Business Fax: ____________ Is your business: (check one)
☐ NON PROFIT CORPORATION ☐ FOR PROFIT CORPORATION
Is your business: (check one) ☐ CORPORATION ☐ LIMITED LIABILITY PARTNERSHIP ☐ INDIVIDUAL ☐ SOLE PROPRIETORSHIP ☐ PARTNERSHIP ☐ UNINCORPORATED

ASSOCIATION
Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Alexandria Garvin Owner (562) 852-4136
Federal Tax Identification Number:

City of Costa Mesa Business License Number: HDL - 29224 City of Costa Mesa Business License Expiration Date: 8/31/2026

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EX PARTE COMMUNICATIONS CERTIFICATION
I certify that Proposer and Proposer's representatives have not had any communication with a City Councilmember concerning informal RFP No. 26-05 Lions Park Café Concessions Services at any time after October 1, 2025.

Signature: ________________________________ Date: 10/22/2025 Print: Alexandria Garvin

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DISQUALIFICATION QUESTIONNAIRE
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
☐ Yes ☐ No
If the answer is yes, explain the circumstances: N/A

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DISCLOSURE OF GOVERNMENT POSITIONS
[List any positions held by owners or employees as elected or appointed officials, directors, officers, or employees of governmental entities in the past twelve months, or state "None"] None.

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COMPANY PROFILE & REFERENCES
Company Legal Name: Neat Coffee Co., LLC
Company Legal Status: For-profit corporation
Active licenses issued by the California State Contractor's License Board: N/A (food service business)
Business Address: 1922 Pomona Ave Costa Mesa, CA 92627
Website Address: www.neat.coffee
Telephone Number: (562) 852-4136
Email Address: [email protected]
Length of time the firm has been in business: 10 years (since 2015) Length of time at current location: 6 years (since 2019) Is your firm a sole proprietorship doing business under a different name: No Federal Taxpayer ID Number:

Regular Business Hours: 7am-4pm daily
Contact person in reference to this solicitation: Ally Garvin (562) 852.4136 / [email protected] Contact person for accounts payable: Same as above
Name of Project Manager: Same as Above
References:

We’ve never done a comparable project but we’re happy to provide business references if you’d like us to list vendors or current landlord or customers.

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BIDDER/APPLICANT/CONTRACTOR CAMPAIGN CONTRIBUTION DISCLOSURE FORM Except as described below, I/we have not made any campaign contribution in the amount of $250 or more to any Costa Mesa City Council Member in the twelve months preceding this Application/Proposal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Bidder/Applicant/Proposer: ____________________________ Date: _____________

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END OF PROPOSAL

Submitted by:

Neat Coffee
1922 Pomona Ave Costa Mesa, CA 92627
Ally Garvin / (562) 852-4136
Date: October 22, 2025
Authorized Signature: _______________________________
Alexandria Garvin - Neat Coffee Owner

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COST PROPOSAL FORM
RFP No. 26-05 Lions Park Café Concessions Services
Submitted by: Neat Coffee
Revenue Sharing Proposal:

Neat Coffee proposes to pay the City of Costa Mesa three percent (3%) of gross sales generated by café operations at the Lions Park Café.

Payment Schedule: Monthly, by the 15th of the month following the sales period Example Calculation:
● If January gross sales = $30,000
● Payment to City = $900
● Due date: February 15
Additional Financial Commitments:
● Neat Coffee will pay 100% of all utility costs (water, electricity, phone, internet) ● Neat Coffee will provide all equipment not supplied by City ● Neat Coffee will maintain separate accounting for café operations ● Neat Coffee will provide monthly gross receipts reports and revenue/expense statements
● Neat Coffee will provide annual financial statements prepared by certified accountant
Justification for Proposed Rate:

This 3% revenue share reflects:
● Commitment to below-market pricing for community accessibility ● Multiple discount programs (library cardholders, seniors, city staff, event pricing) ● Significant capital investment in equipment and furnishings ● Full responsibility for all operational costs including utilities ● Investment in community programming beyond basic café operations ● Sustainable rate for 3-year initial term and potential renewal periods

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City Infrastructure Requests:

To ensure health department compliance and optimal functionality, we request the City install:

1. Floor drain in service area beneath espresso machine

2. Water line plumbing for espresso machine and batch brew machine We understand these improvements may require approximately 3 months and recognize this will extend our pre-opening timeline. We are committed to working collaboratively with City staff to complete these necessary improvements.

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EXHIBIT B

CITY COUNCIL POLICY 100-5

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-122 Meeting Date: 2/3/2026
TITLE:

APPROVAL OF A CODE OF ETHICS AND CONDUCT
DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION, CITY ATTORNEY PRESENTED BY: KIMBERLY HALL BARLOW, CITY ATTORNEY
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK (714) 754-5221 RECOMMENDATION:

Approve a Code of Ethics and Conduct.

BACKGROUND:

The goal of the Code of Ethics and Conduct is to ensure public confidence in the integrity of local government elected and appointed officials. The priority is to establish an ethics code to promote an honest, effective, and accountable city government, encourage high standards of behavior by public officials, and assist with decision making. The code’sframework is designed to guide public officials in their daily duties to help ensure that they exercise their public responsibilities without conflicts or improprieties, whether actual or perceived.

On July 8, 2025, the Council discussed potential adoption of a Code of Ethics and Conduct, giving direction to staff regarding potential provisions of such a code to be considered at a future City Council meeting for approval. Staff has drafted a Code of Conduct for Elected and Appointed Officials modeled on the City of Gardena Code of Ethics and Conduct, but including several provisions from the City of Irvine policy as requested. See Attachment 1. The proposed code also covers high-ranking city employees, including Department Directors and Assistant/Deputy Directors.

ANALYSIS:

The intent of the Code of Ethics and Conduct is to achieve fair, ethical, and accountable local government for the City of Costa Mesa. The people of Costa Mesa expect public officials, both elected and appointed, to comply with both the letter and the spirit of the law.

The following are the issue areas addressed and components of the proposed Code of Ethics and Conduct:
· Act in the Public Interest
· Comply with the Law
· Conduct of Members
· Respect for Process

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· Conduct of Public Meetings
· Decisions Based on Merit
· Communication
· Conflict of Interest
· Gifts and Favors
· Confidential Information
· Use of Public Resources
· Representation of Private Interests
· Advocacy
· Policy role of Members
· Independence of Boards, Commissions, and Committees
· Positive Workplace Environment
· Implementation
· Compliance and Enforcement
· Statement of Commitment
As part of the implementation, the Policy ensures that all elected and appointed officials and employees in covered positions have received a copy of the Code of Ethics and Conduct, understand its provisions, and pledge to conduct their duties in accordance with the code. The proposed Code will also be incorporated into the Commissions and Committees Handbook, orientation programs, and other training efforts to further clarify its provisions and application.

Many of the topics covered in the proposed Code are the subject of state, federal and/or local laws and judicial decisions. Those laws are scattered throughout the United States and California Constitutions, the United States Code, the California Government Code, the California Labor Code, the California Penal Code, the California Code of Regulations, the Fair Political Practices Commission (FPPC) and Attorney General decisions, and the Costa Mesa Municipal Code.

For example, both the United States and California Constitutions contain due process requirements that require decision makers to be fair and impartial in decision making affecting property rights. U.S.

Const., Amend. V, Cal. Const. Art. 1, § 7. The California Constitution and statutes protect the right of privacy of both citizens and employees. See e.g., Cal. Const. Art. 1, § 1; Cal. Civ. Code § 56.20 (confidentiality of medical information). California Labor Code provisions provide a number of protections to both public and private employees, including the right to be free of retaliation for complaining of misconduct or providing evidence in connection with such reports. California Labor Code section 1102.5.

The Political Reform Act (Government Code section 81000, et seq.) includes numerous provisions on conflicts of interest stemming from financial interests (Government Code section 87100, et seq.), filing of an annual Statement of Economic Interests (Form 700) (Government Code section 87200, et seq.), requires the City to adopt a conflict of interest code (Government Code section 87300, et seq.), and post-employment lobbying (Government Code section 87406.3, covering only elected officials and agency manager). Other statutory provisions regulate participation in decisions affecting campaign donors (Government Code section 84308), prohibition on honoraria (Government Code section 89501, et seq.) and restrictions on gifts (Government Code section 89503). Use of public funds for improper purposes is precluded by Penal Code section 424 and Government Code section 8314. The California Code of Regulations includes many regulations which explain and implement

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8314. The California Code of Regulations includes many regulations which explain and implement the Political Reform Act. 2 Cal. Code Reg. § 18700, et seq. Both Attorney General Opinions and FPPC decisions provide interpretation and application of the regulations as guidance. In addition, the Costa Mesa Municipal Code contains restrictions on participating in decisions materially affecting financial interests. CMMC § 2-403.

Government Officials are precluded from having a financial interest in a contract made by them or the legislative body of which they are a member, with some exceptions. California Government Code section 1090, et seq. The Ralph M. Brown Act., California Government Code section 54950, et seq., restricts conduct of city business outside of noticed and public meetings, provides for closed sessions and precludes disclosure of confidential information obtained in closed session. Cal. Gov’tCode § 54963. The California Government Code and the Costa Mesa Municipal Code establish a council/manager form of government, in which the City Council makes policy and the policy direction provided by the Council as a body is carried out by the City Manager. Cal. Gov’tCode §§ 34851- 34859; see CMMC § 2-106 (Council to deal with administrative matters through City Manager).

Civility, respectful communications, relations with commissioners and members of the public, enforcement procedures for non-statutory violations and distribution of a code of conduct are not covered specifically by these various laws. Post-employment advocacy restrictions under existing law apply only to Council members and the City Manager. One potential benefit of adopting a Code of Conduct is the collection in a single document of many of the laws and best practices in local government.

ALTERNATIVES:

The City Council may adopt the code with changes, not adopt the code or provide alternative direction to staff on the Code of Ethics and Conduct.

FISCAL REVIEW:

There is no fiscal impact associated with this action.

LEGAL REVIEW:

The City Attorney’s Office prepared the draft Code of Conduct and this report.

CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative.

CONCLUSION:

The purpose of this item is to consider approval of a Code of Ethics and Conduct.

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ATTACHMENT 1

CITY OF COSTA MESA

CODE OF CONDUCT FOR

ELECTED AND APPOINTED

OFFICIALS

Adopted
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Table of Contents
Table of Contents ............................................................................................................. 2 Introduction ...................................................................................................................... 3 A. ETHICS ....................................................................................................................... 5 B. CONDUCT ................................................................................................................... 8

1. Elected and Appointed Officials' Conduct with Each Other .................................... 8

2. Elected and Appointed Officials' Conduct with City Staff........................................ 9

3. Elected and Appointed Officials' Conduct with the Public .................................... 10

4. Council Conduct with Commission, Committee, or Board Members .................... 11 C. IMPLEMENTATION ................................................................................................... 11 D. COMPLIANCE AND ENFORCEMENT ..................................................................... 12 285
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Introduction

The City of Costa Mesa is a general law city governed by the council/manager form of government. The City Council, with the assistance of its advisory commissions, committees, and boards, makes policies and fundamental governmental decisions; the City Manager is charged with implementing those policies and decisions and administering the day-to-day affairs of the City with the assistance of his/her staff. The City Council has direct authority over the City Manager and the City Attorney; all other employees of the City are under the direct authority of the City Manager.

These standards are adopted to ensure that the Mayor and members of the City Council, as elected representatives, City employees , and appointed Commissioners, are engaged in public service not for private, personal gain, but to advance the interest s of Costa Mesa residents and the entire Costa Mesa community. These standards govern the following Public Officials and City employees: the Mayor; the Mayor Pro Tem; members of the City Council; City Council Executive Assistan ts; the City Manager; Assistant and Deputy City Managers; the City Clerk; Department Directors; Deputy Department Directors; the Police Chief; the Deputy Police Chief; the Fire Chief and Assistant Fire Chiefs; the City Attorney; the Zoning Administrator; the City Engineer; and members of the Planning Commission, the Arts Commission, the Parks and Community Services Commission; and any other commission that is advisory in nature. These positions shall be referred to herein collectively as “the Covered Positions.” The citizens of Costa Mesa are entitled to responsible, transparent, fair, and honest city government that operates in an atmosphere of respect and civility.

Accordingly, the Costa Mesa City Council has adopted this code to:

1. Describe the standards of behavior to which its Elected (hereinafter the term "Elected" refers to the Mayor and City Council) and Appointed (hereinafter the term "Appointed" refers to members of City of Costa Mesa's Commissions, Committees, and Boards, the City Manager and the City Attorney) Officials and high-ranking employees aspire;

2. Provide an ongoing source of guidance to Elected and Appointed Officials and employees in their day-to-day service to the city; and

3. Promote and maintain high ethical standards.

The citizens of Costa Mesa are entitled to have fair, ethical and accountable local government, which has earned the public's full confidence for integrity. In keeping with the City of Costa Mesa's commitment to excellence, the effective functioning of democratic government therefore requires that:
• Elected and Appointed officials comply with both the letter and spirit of the laws and policies affecting the operations of government; • Elected and Appointed officials be independent, impartial and fair in their judgment and actions;
• Public office be used for the public good, not for personal gain; and • Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

This Code addresses selective aspects of the governance of the City and supplements but does not supplant other laws and rules that prescribe the legal responsibilities of the C overed Positions . Those include, among others, the California Constitution, various provisions of the California Government Code 286
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(including the Brown Act and the Political Reform Act) and the California Labor Code, federal laws prohibiting discrimination and harassment, and the provisions of the City's own Municipal Code. Elected and Appointed officials and employees should be familiar with these laws to ensure that they exercise their responsibilities properly.

It is not possible for a code of this kind to anticipate and provide a rule of conduct for all situations. At bottom, it is expected that Elected and Appointed officials and employees in the Covered Positions will manage their behavior in a manner consistent with the rules that follow, respect the chain of command and behave within the bounds of their authority. It is also expected that Elected and Appointed officials will treat each other, City employees, residents and business people with courtesy and respect in a manner that reflects well on the City.

To this end, the Costa Mesa City Council adopts this Code of Conduct for Elected and Appointed Officials and designated employees to assure public confidence in the integrity of local government and its effective and fair operation.
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A. ETHICS

The Ethics section of the City's Code of Conduct offers guidance on matters pertaining to ethical considerations, addressing questions of right and wrong.

1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Elected and Appointed officials should work for the common good of the people of Costa Mesa and not for any private or personal interest, and provide for the fair and equal treatment of all persons, claims and transactions coming before them. Elected and Appointed officials will serve the community as servant leaders, putting aside self -interest and consider the needs of all residents. Elected and Appointed officials should seek to implement transparency and ethical practices, so as to ensure the public's trust and avoid any perception of wrongdoing.

2. Comply with both the spirit and the letter of the Law and City Policy. Elected and Appointed officials shall comply with the laws of the nation, the State of California and the City of Costa Mesa in the performance of their public duties.

3. Conduct of Elected and Appointed officials. The professional and personal conduct of Elected and Appointed officials while exercising their office should be above reproach and seek to avoid even the appearance of impropriety. Elected and Appointed officials should refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other Elected and Appointed officials of the City Council, of other commissions, committees, or boards of the City, of staff or the public.

4. Conduct at Public Meetings. Elected and Appointed officials should prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand.

5. Decisions Based on Merit. Elected and Appointed officials should base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

6. Conflicts of Interest.

a. Elected and Appointed officials should seek to ensure their independence and impartiality on behalf of the common good, and their compliance with conflict-of-interest laws. Unless specifically authorized by law, Elected and Appointed officials should not use their official positions to influence government decisions in which they have (a) a material financial interest, (b) a contractual interest, or (c) an impermissible personal bias (a completely closed mind).

b. Elected and Appointed officials who have a potential conflict of interest regarding a particular decision shall disclose the matter to the City Attorney to analyze the potential conflict. If advised by the City Attorney to seek advice from the Fair Political Practices Commission (FPPC) or other appropriate state agency, an Elected or Appointed official should not participate in a decision unless a nd until he or she has requested and receives advice allowing the Elected or Appointed official to participate. An Elected or Appointed official shall diligently pursue obtaining such advice. The Elected or Appointed official shall provide the Mayor and the City Attorney a copy of any of any written request or advice and conform his or her participation to the advice given. In providing assistance to Elected and Appointed officials, the City Attorney represents the city and not individual Elected or Appointed officials.

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c. Each year Elected and Appointed officials shall file a Form 700, which requires the disclosure of designated investments, interests in real property, sources of income and gifts in accordance with the City's conflict of interest code. Where a conflict is determined to exist, the Elected or Appointed official should disclose the conflict, leave the dais during the consideration of the item, and not otherwise seek to influence the decision in any way.

d. Except as provided in California Government Code Section 1090, et seq., no Elected or Appointed official shall have a financial interest in any contract made by the City.

7. City Allegiance and Proper Conduct.

a. Incompatible Employment or Service. Because of their uniquely important, visible, and elevated status and responsibilities as elected officials, the Mayor and members of the City Council, and by extension their Executive Assistants and their appointed Commissioners, shall not engage in comp ensated employment or service for the purpose of lobbying for any private person or organization before any local public agency (county, city or special district) located in the County of Orange or the County of Los Angeles.

1. Paragraph 7a shall not be applicable to lobbying as an in-house employee on behalf of his or her employer (as opposed to a client of the employer).

2. For purposes of paragraph 7a , “lobbying” shall mean any oral or written communication (including an electronic communication) to an official of a local agency other than the City, made directly or indirectly, in an effort to influence or persuade the official to favor or oppose, recommend or not recommend, vote for or against, or take or refrain from taking action on any public policy issue of a discretionary nature pending before the official’s agency, including, but not limited to, proposed action, or proposals for action, in the form of ordinances, resolutions, motions, recommendations, reports, regulations, policies, nominations, appointments, sanctions, and bids, including the adoption of specifications, awards, grants, or contracts.

b. Interest in City contracts . Individuals in Covered Positions shall not have a personal investment or monetary interest in any contract made by the City, except contracts relating to the performance of their official City duties.

c. Knowledge of and agreement to abide by provisions . Individuals in Covered Positions shall at the time of their election or appointment or upon the effective date of this section, whichever occurs later, sign an appropriate form prepared by the City Clerk reciting their knowledge of the provisions of this code of conduct and their agreement to abide by such provisions.

8. Gifts and Favors. Individuals in Covered Positions shall fully comply with the regulations, prohibitions and disclosure requirements set forth under law concerning the receipt of gifts, honorariums, and any other special favors.

Individuals in Covered Positions should refrain from accepting any gifts, favors or promises of future benefits where it might compromise their ability to act in the public's interest.

9. Confidential Information. Elected and Appointed officials must maintain the confidentiality of all closed session information and materials, and any other materials or verbal information which has been identified as being confidential 289
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or privileged. Elected and Appointed officials shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.

10. Use of Public Resources. Elected and Appointed officials shall not use public resources for any personal purpose (e.g., City staff time, equipment, vehicles, supplies or facilities), whether political or otherwise. The use of public resources must always be tied to a valid public purpose.

11. Representation of Private Interests.

a. In keeping with their role as stewards of the public interest, while in office, members of the City Council shall not appear on behalf of the private interests of third parties before the City Council or any other subservient body of the City.

b. For a period of one year after leaving office, members of the City Council are prohibited from making any formal or informal appearances before the City, on behalf of third parties, in exchange for compensation, when it is for the purpose of trying to influence a legislative or administrative action involving a permit, license, grant, contract, or the purchase or sale of goods or property, except in their official role on behalf of another public agency . California Government Code section 87406.3.

12. Advocacy. Elected and Appointed officials should seek to represent the official policies or positions of the City Council, or of their respective commission, committee, or board, to the best of their ability when designated as delegates for that purpose. Whenever an Elected or Appointed official chooses to express their individual opinions on a matter, they should make it clear when those comments do not represent the position of the body of which they are a member or the City of Costa Mesa. Elected and Appointed officials have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention or display endorsements during Council meetings, or commission, committee, or board meetings, or other official City meetings.

13. Policy Role of Elected and Appointed officials. Elected and Appointed officials shall respect and adhere to the Council -Manager structure of the City of Costa Mesa government as outlined in the Costa Mesa Municipal Code. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by City staff, commissions, committees, and boards and the public. Except as provided by the City Code, Elected and Appointed officials shall not interfere with the administrative functions of the City or the professional duties of staff; nor shall they impair the ability to implement Council policy decisions.

14. Positive Workplace Environment. Elected and Appointed officials shall support the maintenance of a positive and constructive workplace environment for City employees and for citizens and businesses dealing with the City. Elected and Appointed officials shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.

15. Ethics Training: Elected and Appointed officials must comply with the ethics training requirement outlined under Assembly Bill 1234 (California Government Code section 53235).

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B. CONDUCT

The conduct section of the City's Code of Conduct aims to articulate the expected treatment of Elected and Appointed officials towards one another, City staff, constituents, and other individuals encountered while representing the City of Costa Mesa. "Respect" serves as a pervasive and unwavering theme throughout all the conduct guidelines. Elected and Appointed officials are tasked with upholding exemplary behavior consistently. The key principle underlying these guidelines is the demonstration of respect for each individual, employing both words and actions. This emphasis on respect serves as a guiding principle, assisting Elected and Appointed officials in making the right choices, even in the most challenging situations.

1. Elected and Appointed Officials' Conduct with Each Other Elected and Appointed officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue.
a. Honor the role of the Mayor or Chairperson in maintaining order It is the responsibility of the Mayor or Chairperson to keep the comments of Elected and Appointed officials on track during public meetings. Elected and Appointed officials should honor efforts by the Mayor or Chairperson to focus discussion on current agenda items. If there is disagreement concerning any matter, those objections should be voiced politely and with reason, following the adopted parliamentary guidelines.
b. Practice civility and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information, are legitimate elements of debate by a free democracy in action. However, free debate does not require nor justify the making of belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. Elected and Appointed officials should endeavor to keep each other accountable for professional decorum. Do not interrupt or speak over others, striving to understand various perspectives and opinions while encouraging cooperation and collaboration.
c. Demonstrate effective problem-solving approaches
Elected and Appointed officials have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. 291
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2. Elected and Appointed Officials' Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected officials, and City staff who implement and administer the Council's policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.
a. Treat all staff as professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable.
b. Govern, do not direct
The Mayor and Council Members' role is to set policy and not to provide day to day direction to City employees. Questions of City staff and/or requests for additional information shall be directed to the City Manager, unless the City Manager indicates otherwise.
c. Do not disrupt City staff from their jobs
Elected and Appointed officials should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. Elected and Appointed officials should not attend City staff meetings, unless requested by staff.
d. Personnel Matters
Personnel matters must be handled by the C ity Manager and H uman Resources division, working together with the employee and department at issue. Elected and Appointed officials should not get involved in personnel matters, whether to encourage or discourage a particular outcome, or to help investigate a concern. Elected and Appointed officials involvement tends to increase litigation against the City, so it should be avoided. All concerns should be directed to the City Manager, who has the responsibility to investigate and make final decisions in accordance with California law and the City's rules.

e. Never publicly criticize an individual employee
Elected and Appointed officials should never express concerns about the performance of a city employee in public, to the employee directly, or to the employee's manager. Concerns about staff performance should only be made to the City Manager through private correspondence or conversation. Such concerns can then be addressed in accordance with the City's personnel rules. f. Do not retaliate or threaten to retaliate against employees as a result of disagreements over policy recommendations
It is critical to the success of the City that its employees enjoy a workplace free of the fear of retaliation. The C ity takes great pride in its creativity and its receptivity to new and different ideas; creativity is fostered by an open and nonjudgmental atmosphere where candor is not penalized. City employees are hired to offer t heir professional judgments and opinions. Elected and Appointed officials are certainly free to disagree with those judgments; indeed, those officials ultimately may have the final word. But those disagreements must not extend to threats or generate fear of reprisal. Elected and Appointed officials enjoy substantial authority within City Hall; this authority must not be exercised in a manner that intimidates staff and degrades morale with resulting damage to the fabric of the organization.

g. Do not get involved in administrative functions
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Elected and Appointed officials acting in their individual capacity should not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits.
h. Do not solicit political support from staff
Elected and Appointed officials should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, other campaign-related assistance, etc.) from City staff while they are working.

City staff have the constitutional right to support political candidates of their own choosing, but all such activities must be done on the employee's own time, away from the workplace, and not in uniform.
i. No Attorney-Client Relationship
The City Attorney represents the city and not any individual Elected or Appointed official.

3. Elected and Appointed Officials' Conduct with the Public Making the public feel welcome is an important part of the democratic process.

No signs of partiality, prejudice or disrespect should be evident on the part of individuals in Covered Positions toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony.
a. Be welcoming to speakers and treat them with respect While questions of clarification may be asked, the official's primary role during public testimony is to listen.
b. Be fair and equitable in allocating public hearing time to individual speakers The Mayor or Chairperson will follow the pre-established time allocation for each speaker and seek to apply them equally to every speaker in a fair and impartial manner. If there is a need to shorten the allotted time for speakers, the chair should announce those limits prior to the start of the agenda item whenever possible. Each speaker may only speak once during any particular agenda item unless the Mayor or Chairperson requests additional clarification later in the process. After the close of the public hearing, no more public testimony will be accepted unless the Mayor or Chairperson reopens the public hearing for a limited and specific purpose.
c. Practice active listening
Elected and Appointed officials should seek to demonstrate active listening and interest in each speaker's presentation, and to avoid any pessimistic body language.
d. Maintain an open mind
Members of the public deserve an opportunity to influence the thinking of Elected and Appointed officials.
e. Ask for clarification, but avoid debate and argument with the public Elected and Appointed officials should not interrupt a speaker during a presentation. However, an Elected or Appointed officials can respectfully ask the Mayor or Chairperson for a point of order if a speaker is off the topic. 293
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4. Council Conduct with Other Commission, Committee, or Board Members

The City Council has established certain commissions, committees, and boards as a means to assist the Council in making decisions, and in gathering more community input. Citizens who serve as members of the City's various commissions, committees, and boards, become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect. a. If attending a Commission, Committee, or Board meeting, be careful to only express personal opinions
Council Members may attend any commission, committee, or board meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation could be viewed as unfairly affecting the process.
b. Limit contact with Commission, Committee, and Board members to questions of clarification
It is acceptable for Council Members to contact commission, committee, or board members. However, it would be inappropriate to lobby one of these members on behalf of an individual, business, or developer, and vice versa. c. Be respectful of diverse opinions
A primary role of commission, committee, and board members is to represent the many points of view in the community, and to provide the Council with advice based on a full spectrum of concerns and perspectives. Council Members may have a closer working relationship with some individual members, but they should be fair and respectful of every citizen who chooses to serve as a member of one of the City's commissions, committees, or boards.

d. Keep political support away from public fora
Commission, committee, and board members have the right to offer their political support to a Council Member in their private capacity, but not while conducting official City duties. Likewise, Council Members may support any commission, committee, or board member who may be running for office, but such support should not be expressed during the course of any City funded meeting.

C. IMPLEMENTATION

1. The Costa Mesa Code of Conduct expresses standards of ethical conduct expected for the Mayor, Costa Mesa City Council, members of commissions, committees, boards, and all Covered Positions. In addition, all Elected and Appointed officials and designat ed employees shall be required to take all training mandated by law, including AB 1234 training and AB 1661 training.

2. The provisions of this Code of Conduct express standards of ethical conduct expected for City officials and employees. As an expression of such standards, the provisions of this Code are intended to be self -enforcing for the most part.

City officials and employees themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. It will be most effective when City officials and employees are thoroughly familiar with the expressed standards and embrace them.

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3. F ollowing its adoption, the City Clerk shall provide all current Elected and Appointed Officials with a copy of the newly adopted Code of Conduct and all current Elected and Appointed Officials will be asked to sign a statement acknowledging they have read and understand the Code of Conduct. The City Clerk shall provide a copy of the Code of Conduct to candidates for Mayor, City Council, and applicants to Commissions, Committee, and Boards. The City Clerk shall provide a copy of the Code of Conduct to all Elected and Appointed Officials upon entering office and all individuals in Covered Positions will be asked to sign a statement (example below) acknowledging they have read and understand the Code of Conduct.

Example:

D. COMPLIANCE AND ENFORCEMENT
Elected and Appointed officials themselves have the primary responsibility to ensure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of commissions, commit Stees and boards and the Mayor have the additional responsibility to intervene when Elected and Appointed officials' actions appear to be in violation of the Code of Conduct or when these actions are brought to their attention.

1. A violation of the provisions of this Code of Conduct shall not be considered and shall not constitute a basis for challenging the validity of any decision by the City Council or any other body or agency of the City.

2. All suspected violations of this Code that also pertain to provisions of the Political Reform Act (California Government Code section 81000, et seq.) should be reported to the Fair Political Practices Commission of the State of California.

3. All suspected violations of this Code that may independently constitute criminal offenses, including those outside of the purview of the Fair Political Practices Commission, should be reported to the Office of the Orange County District Attorney.

4. Except as otherwise expressly provided by State law, the following shall constitute the exclusive means and procedures of enforcing the provisions of this Code:
a. Alleged vio lations committed by the Mayor, a member of the City Council or a member of a City commission should be reported in writing to the City Attorney. Upon receipt of the report, the City Attorney shall discuss the matter with the person who is the subject of the allegation, advising such person of the alleged violation and endeavoring to avoid future violations in the event one has occurred.

I affirm that I have read and understand the City of Costa Mesa Code of Conduct for Elected and Appointed Officials, and covered City Employees.

Name: __________________________ Position: _____________________

Signature: Date: __________________

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b. Alleged violations committed by som eone in a Covered Position should be reported in writing to the City Manager or his/her designee. Upon receipt of the report, the City Manager, or his/her designee, shall commence an investigation to determine whether the alleged violation is substantiated. The City Manager, or his/her designee, shall discuss the matter with the person who is the subject of the allegation, advising such person of the alleged violation. In the event the City Manager, or his/her designee, determines that a violation has occurred, the City Manager may take appropriate action in accordance with applicable City r ules, regulations, and procedures related to employment and/or discipline.
c. In the event that the City Attorney or City Manager (or his or her designee) determines that a violation of this division has occurred, appropriate documentation should be prepared to memorialize the determination.

5. The City Council may impose sanctions on members of commissions, committees, and boards whose conduct does not comply with the City's Code of Conduct such as reprimand or formal censure. In addition, the City Council may also act to remove members of commissions, committees and boards from office or position who violate the provisions of this Code.

6. The City Council may impose sanctions on Elected officials whose conduct does not comply with the City's Code of Conduct such as reprimand or formal censure. Serious violations could lead to additional sanctions as deemed appropriate by the City Council.

The definition of a "serious violation" is not set forth by law, but in determining the type of sanction to be considered or imposed, the following factors may be considered:
a. Nature of the violation (conflict of interest, financial disclosures, actions of harassment, abusive conduct, open process of Government, Brown Act, City ordinances and policies, failure to disclose campaign contributions when voting on an item to award an agreement/contract, etc.)

b. Prior violations by the same individual
c. Other factors which bear upon the seriousness of the violation (failure to comply with the laws of the United States of America, State of California, and the City of Costa Mesa in the performance of their public duties, etc.) 296