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HomeMy WebLinkAboutNB-1 - 26-120 - 1. PSA Brackens Kitchen - 2/17/20261 Bracken’s Kitchen Inc. Rev. 1-2025 CITY OF COSTA MESA PROFESSIONAL SERVICES AGREEMENT WITH BRACKEN’S KITCHEN INC. THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 19th day of April, 2026 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and BRACKEN’S KITCHEN INC., a California nonprofit corporation (“Contractor”). RECITALS A.City proposes to utilize the services of Contractor as an independent contractor to provide food and commercial kitchen management services at the City’s Homeless Shelter, located at 3175 Airway Avenue, Costa Mesa, as more fully described herein; and B.Contractor represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C.City and Contractor desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D.No official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONTRACTOR 1.1. Scope of Services. . Contractor shall provide the professional services described in City’s Request for Proposals (RFP 26-06), attached hereto as Exhibit “A,” and Contractor’s Proposal, attached hereto as Exhibit “B,” both incorporated herein. 1.2. Professional Practices. All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Contractors in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor’s performance of this Agreement. 1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a)Meet with Contractor to review the quality of the work and resolve the matters of concern; Attachment 1 2 Bracken’s Kitchen Inc. Rev. 1-2025 (b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement. 1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code. 1.6. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor’s sole cost and expense. 1.8. Confidentiality. Employees of Contractor in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and made a part of this Agreement. Contractor’s total annual compensation shall not exceed Four Hundred Ninety-Two Thousand Seven Hundred Fifty Dollars ($492,750.00). 3 Bracken’s Kitchen Inc. Rev. 1-2025 2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Contractor’s Proposal unless the City Manager or designee, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Contractor’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. City and Contractor agree that Contractor shall fully staff the shelter kitchen with certified and trained personnel and commence providing full meal service from the shelter kitchen by no later than April 19, 2026. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination. 4 Bracken’s Kitchen Inc. Rev. 1-2025 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of sixty (60) months, ending on April 18, 2030, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Contractor. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Contractor, at no cost to City. Any use of uncompleted documents without specific written authorization from Contractor shall be at City’s sole risk and without liability or legal expense to Contractor. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent A.M. Best’s Rating Guide, and approved by City: (a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate. (b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage. 5 Bracken’s Kitchen Inc. Rev. 1-2025 (c) Workers’ compensation insurance as required by the State of California. Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. (d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Contractor shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor.” (b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.” (c) Other insurance: “The Contractor’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.” (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (e) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5.3. Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to 6 Bracken’s Kitchen Inc. Rev. 1-2025 which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement. Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONTRACTOR: IF TO CITY: Bracken’s Kitchen 13941 Nautilus Drive Garden Grove, CA 92843 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Tel: (714) 554-1923 Tel: (714) 754-5098 7 Bracken’s Kitchen Inc. Rev. 1-2025 Attn: Bill Bracken Attn: Lauren Matthews Courtesy copy to: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Attn: Finance Dept. | Purchasing 6.5. Drug-Free Workplace Policy. Contractor shall provide a drug-free workplace by complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “D” and incorporated herein. Contractor’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorneys’ Fees. If litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 6.8. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. 8 Bracken’s Kitchen Inc. Rev. 1-2025 Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect. 6.10. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.11 Conflicts with Independent Contractor. Contractor’s duties and services under this Agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering into this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this Agreement. 6.12. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, 9 Bracken’s Kitchen Inc. Rev. 1-2025 including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.13. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require. 6.14. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor. Contractor shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.15. Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.16. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict-of-interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and Subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or Subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 6.17. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, 10 Bracken’s Kitchen Inc. Rev. 1-2025 estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.18. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect. 6.19. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.20. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.21. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns. 6.22. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.23. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.24. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other Contractors for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.25. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.26. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 11 Bracken’s Kitchen Inc. Rev. 1-2025 6.27. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.29. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. [Signatures appear on following page.] 12 Bracken’s Kitchen Inc. Rev. 1-2025 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CONTRACTOR __________________________________ Date: __________________________ Signature __________________________________ [Name and Title] CITY OF COSTA MESA __________________________________ Date: __________________________ Cecilia Gallardo-Daly City Manager ATTEST: __________________________________ Brenda Green City Clerk APPROVED AS TO FORM: __________________________________ Date: __________________________ Kimberly Hall Barlow City Attorney APPROVED AS TO INSURANCE: __________________________________ Date: __________________________ Ruth Wang Risk Management 13 Bracken’s Kitchen Inc. Rev. 1-2025 APPROVED AS TO CONTENT: __________________________________ Date: __________________________ Lauren Matthews Project Manager DEPARTMENTAL APPROVAL: __________________________________ Date: __________________________ Cecilia Gallardo-Daly City Manager APPROVED AS TO PURCHASING: __________________________________ Date: __________________________ Carol Molina Finance Director EXHIBIT A REQUEST FOR PROPOSALS (26-06) Page 3 of 36 relevant to this RFP other than through or approved by City’s Purchasing Department is unauthorized and will be considered invalid. 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. Schedule of Events: This Request For Proposal shall be governed by the following schedule: 3. Release of RFP October 3, 2025 at 5:00pm 4. Deadline for Written Questions October 23, 2025 at 10:00am. 5. Responses to Questions Posted October 30, 2025 at 5:00pm 6. Proposals are Due November 14, 2025 at 10:00am 7. Interviews (if held) December 8-10, 2025 8. Approval of Contract December 2025 – Feb 2026 **All dates are subject to change at the discretion of the City. . 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. Proposers must have at least three years’ experience in providing food services in an institutional, nonprofit, shelter, healthcare, or other large-scale setting. 2. Proposers must have all applicable certificates and licenses pertaining to food handling and serving, including all state and county health department regulations and maintain valid health permits. 3. Must demonstrate adherence to nutrition standards (e.g., meeting basic dietary requirements, ability to accommodate vegetarian, low-sugar, or allergy-sensitive meals as needed). 4. Ability to provide consistent daily meal service (breakfast, lunch, dinner as applicable) 365 days a year, including holidays. 5. At least three references from contracts of similar size and scope within the last five years. Experience working with vulnerable populations (e.g., homeless, seniors, healthcare patients). 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 Page 4 of 36 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. Proposals 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: • 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. • Background 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. • Method 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. An 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. • Qualifications & 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. If the owner is a corporation please provide: Name of corporation, corporate office street address, city, state, and zip code, state where incorporated, date of Page 5 of 36 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. 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 in 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. • Financial 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. • Key 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. Page 6 of 36 o Identify 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. • Cost Proposal: Provide a fee schedule/pricing information for the project. Proposals shall be valid for a minimum of 180 days following submission. Cost proposal should be presented as per bed, with the understanding that if the shelter capacity is permanently reduced, the contract will be reduced accordingly. • Disclosure: 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. • Sample 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. • Checklist 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. Vendor 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: • Content of Proposal: The Proposal must be submitted using the format as indicated in the Proposal format guidelines. • Preparation 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. Page 7 of 36 • Cost 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:  Cover 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.. • Forms 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. • Number of Proposals: Submit one (1) PDF file format copy of your proposal in sufficient detail for thorough evaluation and comparative analysis • Submission 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 November 14, 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. • Inquiries: Questions about this RFP must be posted in the Q & A tab on Planetbids no later than October 23, 2025 at 10:00 A.M. The City reserves the right not to answer all questions. The 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 officer 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. • Conditions 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. • Insurance & 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: Page 8 of 36  Insurance - City requires that licensees, lessees, and Contractors 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 Number & 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 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 ------- 25% 2. Qualifications of the Firm ----25% 3. Method of Approach ----25% 4. Cost Proposal ---- 25% 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. Responsiveness 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. Initial 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. Page 9 of 36 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 December 8-10, 2025 and will be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92626. 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. 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. Page 10 of 36 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. 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. Page 11 of 36 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 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 panel, 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 Page 12 of 36 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 Agreement. The terms of the agreement, including insurance requirements have been mandated by the City and can be modified only if extraordinary circumstances exist. 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 Page 13 of 36 APPENDIX A Scope of Work 3175 Airway Avenue – Costa Mesa Bridge Shelter Commercial Kitchen Management In April of 2021, the City of Costa Mesa (“City”) opened the Bridge Shelter (“Shelter”) at 3175 Airway Avenue. The Shelter is operated by a third-party vendor (currently Mercy House Living Centers), which is responsible for the facility’s day-to-day operations including logistics, janitorial, transportation, and security. The Shelter’s commercial kitchen was designed to foster a sense of community and togetherness among guests and staff. The Kitchen Operator will integrate volunteerism and mentorship, through meal preparation and service, to improve the hope and resilience of the guests we serve. The Shelter’s success is dependent upon the network of partner organizations, most of whom are active members of the City’s Network for Homeless Solutions. The City of Newport Beach is the sole municipal partner and has exclusive access to 25 of the Shelter’s 100 total beds. The City is seeking the right partner to participate in these efforts to edify our community, assist the most vulnerable among us, and do whatever it takes to reach our fullest potential, together. The City understands that procuring staffing for this scope of work may need to be incremental, however, food service must begin on April 20, 2026. Proposers should include a timeline for full operational staffing for the kitchen on site during the contract term. Primary Role for the Principal Operator: • Operate the Commercial Kitchen in compliance with Public Health requirements and necessary permitting related to equipment, storage and rotation of foods, serving guests, kitchen cleanliness etc. • Ensure all kitchen personnel are properly trained, certified, and have appropriate waivers on file for all workers. The principle staff working within the kitchen must possess Public Health Safe Food Handling certifications and operate the kitchen in compliance with Public Health guidelines. • Develop and implement a menu plan for Breakfast, Lunch and Dinner, 365 days per year for up to 100 shelter guests, with meal options to accommodate dietary restrictions/preferences. • General in-house mealtimes are as follows: Breakfast 6 am – 8 am Continental Lunch 11am – 1pm hot and/or cold (to-go options) Dinner 5pm to 7pm hot and/or cold • Procure all food supply ingredients and kitchen supplies to deliver this food service for the shelter guests. Create an Integrated Community Kitchen: • Participate in the development and implementation of marketing materials to engage the broader community for volunteer, donor, and sponsorship opportunities to ensure the Costa Mesa (and Newport Beach) community can contribute to homelessness solutions. Page 14 of 36 • Support opportunities to accept and utilize surplus foods from catered events and restaurants (Abound Food Care, formerly Waste Not OC). • Participate in the development and oversight of a training and orientation program for kitchen workers, including certifications required for Safe Food Handling, coordinate and calendar of volunteers’ recruitment, training, retention, and supervision, recognitions etc. Innovation: Open to innovative business model development related to workforce/internship programs, engagement with OCC Culinary Arts programs, OC Food Bank, Abound Food Care (formerly Waste Not OC), and development of single-serve meal delivery for other community needs, such as street outreach, disabled, and/or senior citizens. The Shelter guests appreciate opportunities to have BBQ meals, delivery by lunch truck, local restaurant sponsoring meals, and sack lunches for street outreach and those that are at work during mealtimes. These are just some examples of the dynamic opportunity to engage our guests in the program design and delivery model. Page 15 of 36 APPENDIX B SAMPLE PROFESSIONAL SERVICE AGREEMENT Page 26 of 36 APPENDIX C FORMS Vendor Application Form Ex Parte Communications Certification Disclosure of Government Positions Disqualification Questionnaire Company Profile & References Bidder/Applicant/Contractor Campaign Contribution Cost Proposal EXHIBIT B CONTRACTOR’S PROPOSAL 13941 Nautilus Drive, Garden Grove, CA, 92843 |. www.brackenskitchen.org October 18, 2025 Mr. Nate Robbins Neighborhood Improvement Manager 77 Fair Drive, Costa Mesa, CA, 92626 Dear Nate, We hope this letter and proposal finds you well. We are truly grateful for the opportunity to continue to work with you, John and the entire team that is Costa Mesa as we serve those who need our help most. Working with your team at the Airway Shelter has been such a blessing in so many ways and we are honored to submit this proposal for continued food services at the Airway Shelter. Bracken’s Kitchen will commit to preparing and providing complete, high quality, tasty and nutritious meals for breakfast, lunch, and dinner to the shelter beginning (exact date TBD). A minimum of one hot meal will be provided daily with to-go options at lunch as needed. As you know however, we currently provide more than this including 2-3 hot lunches a week as well as a hot and hearty breakfast every weekend. The Kitchen will also provide fully trained and certified staff and volunteers at the shelter to execute this proposal. With a staff of 32 and more than 500 recurring volunteers led by 6 reputable and experienced chefs, we are confident in our ability to continue to serve your residents needs 365 days a year. Our senior chefs and leadership come to us from premier restaurants including The Peninsula Beverly Hills, Island Hotel Newport Beach, Charlie Palmer restaurant groups, Wolfgang Puck catering services and well known chains such as Red Lobster and Polly’s Pies. With a skilled program leader and chef instructor on staff, our Culinary Training Program continues to grow, creating even more impact than meals served. Students will continue to have the opportunity to serve at the Airway Shelter with a paid internship while honing their skills for career success in the food industry. 13941 Nautilus Drive, Garden Grove, CA, 92843 |. www.brackenskitchen.org By engaging the community to come alongside us through our Food Truck and Community Feeding programs, we inspire and provide a safe and meaningful experience for volunteers to serve the community. We look forward to finding even more meaningful ways to engage the greater Costa Mesa community. We are excited to hearing your thoughts and feedback to find ways to support each other’s work. I’m sure you have lots of wonderful food service vendors to choose from. We look forward to hearing from you and working alongside you to continue to, “Deliver Hope, One Tasty Meal at a Time.” After all, feeding people isn’t the same as nourishing them, and we aim to nourish more than just the body but also the human spirit. My best, Bill Bracken Founder & Executive Director 13941 Nautilus Drive, Garden Grove, CA, 92843 |. www.brackenskitchen.org Bracken’s Kitchen, herein referred to as the Kitchen, is honored to present this proposal for ongoing food services for the Airway Shelter. Incorporated in 2013, Bracken’s Kitchen is a 501c3 non-profit organization operating from 17,000 sq. ft. of space in Garden Grove. Our mission is: through food rescue, culinary training, and our community feeding programs, we are committed to rescuing, re-purposing, and restoring both food and lives. We believe our mission explains our work, while our “7” Culinary Attitudes guide the manner in which we do our work. At the heart of the 7 Attitudes is the first one, which we focus on the most with our internal culture-building. It is, “Look to the Interests of Others” which is what we believe we have been called to do through our day to work. FROM OUR MIDYEAR REPORT PROJECT SUMMARY 13941 Nautilus Drive, Garden Grove, CA, 92843 |. www.brackenskitchen.org We look forward to the opportunity to continue the great work we have been doing at the shelter and build upon what we have already created. With the ongoing challenges that the world has thrown at us, managing the day-to-day of a busy kitchen, procuring the food items needed and having the right staff in place to execute requires a never-ending focus on quality and commitment. Equally, building a good working relationship with the shelter manager, Mercy House, has been imperative to our success. We are happy that our growth has brought us to a position where we can not only continue what we have done to this point, but build upon it with exciting new enhancements such a entrée choices for the guests certain nights of the week, use of the BBQ and Smoker on a regular basis, and even opportunities to bring the food truck over for special meal nights. We would even welcome the idea of, with the support of the City of Costa Mesa, introducing new and creative events such as movie nights, ice cream socials, family nights and other opportunities that might enhance the residents’ experiences and deliver hope, one tasty meal at the time. 13941 Nautilus Drive, Garden Grove, CA, 92843 |. www.brackenskitchen.org We would be honored to continue the work we have been doing with the City of Costa Mesa and build upon our current program at the Airway Shelter. We will continue to prepare from scratch, high quality, tasty, and nutritious meals for breakfast, lunch, and dinner for all the shelter residents. In doing so we will continue to ensure a hot dinner seven nights per week and hot lunch a minimum of two days per week as well as a full hot breakfast on Saturdays. To make this happen we will continue to provide fully trained and certified culinary staff and volunteers at the shelter on a daily basis to oversee the kitchen, in keeping with the highest food quality and food safety standards. Equally, we will continue to engage opportunities in the Costa Mesa community, such as the Lots Ministry, to utilize the facilities to help and support as many as possible. We welcome any ideas or suggestions you might have to do so, at no cost to the City. With such a wonderful kitchen facility to work with, we welcome new ideas and opportunities for Bracken’s Kitchen to use this space to feed as many people as we can using the resources available. In short, we welcome the opportunity to extend the work from our main kitchen through this site. Right now, we are very excited about some staff changes at the shelter, and the team members’ enthusiasm to implement some new culinary ideas for the residents of the shelter. We believe very strongly in the power of food and its ability to transform lives, and know that we can better leverage that power at the shelter. Some of the new and exciting culinary offerings that we are working to implement include a “Pasta Party” where guests get an entrée pasta of their choosing, “Smash Burger Night” which speaks for itself, “Burger and Brats” night where we fire up the outside grill and smoker, “Surf & Turf” night where a guests get a choice of meat or fish for dinner, and “Ice Cream Sundae” night, which also speaks for itself. These are just a few of the fun culinary offerings we look forward to implementing. Of course, current menu offerings will continue with options such as: BREAKFAST: Continental options include fresh breakfast pastries, baked goods, fruit, cereals, or oatmeal. Hot breakfast options may include eggs, breakfast meat options, breakfast casserole, pancakes or French toast. LUNCH AND DINNER: • Pork Carnitas with Spanish Rice and Beans, Crispy Coleslaw • Ham Salad Sandwiches with Orzo Salad, Fresh Fruit • Chicken Parmesan Sandwich on a Potato Bun with a Classic Caesar Salad • BBQ Chicken Salad with Mixed Greens, Black Beans and Corn, BBQ Ranch Dressing • Creole Chicken Pasta with Tomatoes and Herbs, Served with Garden Salad • Spanish Beef Picadillo and a Leafy Green Salad METHOD OF APPROACH 13941 Nautilus Drive, Garden Grove, CA, 92843 |. www.brackenskitchen.org • BBQ Chicken with Roasted Potatoes, Classic Coleslaw • All Beef Meatloaf with Mashed Potatoes and Pan Gravy In creating our menus, we will continue to leverage our very strong rescued food program which allows us to offer fun and creative offerings while managing the rising costs that we face with all food items. With partners such as the OC Food Bank, Second Harvest Food Bank, Chefs to End Hunger, Vesta Food Services, Culinary Innovations, Cargill Meats and other food suppliers and processors, we rescue more than 350 tons of food every year. The Kitchen has more than 10 years of experience in rescuing and repurposing more than two million pounds of unused edible food into more than 10 million tasty nutritious meals for the community living in food insecurity. We have and continue to work with over 60 community and agency partners such as Project Hope Alliance, Yellowstone Recovery, Lots Ministry and Saint Joachim Catholic Church in Costa Mesa and many homeless shelters in Orange County and Los Angeles Counties, collaborating with our Community Feeding Program to bridge the food gap for the less fortunate. With a staff of over 30 fully trained culinary professionals and an army of over 600 recurring volunteers led by six reputable and experienced chefs, we are confident in our ability to continue to manage the shelter, find new ways to build a strong community kitchen for the city of Costa Mesa. Equally, we look forward to building upon our partnerships with UCI and Vanguard University and their College Corps programs, placing students both at the shelter and our main kitchen in Garden Grove for service experience in the communities they are living in. As we work to implement new and exciting food offerings we look forward to finding new ways to engage the students in our culinary training program offering them opportunities to cook at the shelter. Of course, as the City is able to select shelter residents who would be a good fit we will be ready to welcome them into the kitchen to give them the opportunity to learn culinary skills in a live kitchen setting. Our day-to-day work and partnership with the City of Costa Mesa will remain as-is if we are chosen to continue our work with the city. Our new Director of Culinary Operations, James Martin, and Executive Chef, Kris Kirk, will continue to be actively involved with your team, attending all shelter meetings and communicating as needed to ensure a well-run operation. They will continue to lead our on-site supervisor, Javier Martinez, to ensure the satisfaction of all guests and work to build and even stronger partnership with the team from Mercy House. We will continue to ensure that the kitchen is very clean and well maintained, all health department standards are met, and immediately report any concerns or needs to John Begin. Bracken’s Kitchen is a nonprofit hunger relief organization founded in 2013. Our main office and kitchen is located at 13941 Nautilus Drive, Garden Grove, 92813. Since moving there we’ve seen steady growth, taking over the building next door and using it primarily as a warehouse. We have built a reputation for providing a fierce and passionate commitment to love those we serve with compassion, quality and creativity in the nonprofit sector here in Orange County. We’ve had the privilege of working with many other nonprofit organizations providing food services to shelters and emergency housing. That list includes the Illumination Foundation, Mercy House, American Family Housing (AFH), Affordable Housing Access, The Hub, Central Cities Navigation Center and others. We have been working with Mercy House for more three years at the Huntington Beach shelter, AFH for five years at both the North Harbor and Oasis Shelters as part of Project Homekey, The Hub resource center for over three years, and the Central Cities Navigation Center since it opened last year. Illumination Foundation was our first shelter partner in 2018, and we worked with them for several years until they brought all of their food services inhouse at the Fullerton site. Our nonprofit was started by our Founder and Executive Director, Chef Bill Bracken, a nationally renowned chef with over 40 years of experience in the Five Star Five Diamond luxury hotel industry. He oversees all kitchen operations with a strong team of experienced culinary professionals. Those include James Martin – Culinary Director, Kris Kirk – Executive Chef, Mike Doutt – Kitchen Manager, Charlie Negrete – Culinary Training Director, Bryan Stanlow – Chef Instructor and Co-Founder and Hospitality Director, Molly Bracken. Culinary Operations Director Chef James Martin is a skilled, hands-on, operations leader, with restaurant experience at every level, up to Executive Chef and Director of Operations. He is highly skilled in leadership development with a proven track record of helping leaders grow, getting great results, and growing teams. James is able to identify future high performing leaders, assess their skill level across important metrics, create development plans, challenge them with new responsibilities, and follow-up to provide ongoing mentorship. Important to the Kitchen operations, he is also able to develop, write, operationalize, and cost recipes, truly engineering our menus to optimize quality. He is skilled in recipe writing for volume, working with vendors to select and source the best products, and negotiating for both cost and quality. James also helps us stay on track financially, as he has strong skills in navigating financial statements and teaching others to do so. Executive Chef Kris Kirk manages our daily menu and food production. He began his life- long journey in the hospitality industry as a dishwasher then advanced to kitchen manager while 13941 Nautilus Drive, Garden Grove, CA, 92843 |. www.brackenskitchen.org QUALIFICATIONS & EXPERIENCE OF THE FIRM: KEY PERSONNEL 13941 Nautilus Drive, Garden Grove, CA, 92843 |. www.brackenskitchen.org earning his BA in Communications from USC. He later graduated from the Culinary Institute of America, and honed his skills at Wolfgang Puck's Spago Beverly Hills, Charlie Palmer’s Aureole Las Vegas, and Michael Mina’s Aqua at the St. Regis Monarch Beach Resort. He excelled as Executive Chef at premier restaurants including Sage on the Coast, Ecco at the Camp, and DIVBAR in Newport Beach, where he worked under Chef Bill’s leadership. Chef Kris takes great pride in providing nutritious healthy meals to our guests and clients. Kitchen Manager Michael Doutt is responsible for the food that enters and exits the kitchen, checking the quality of all rescued, donated and purchased products and ensuring the proper inventory is available to the kitchen. He and his team are also responsible for packaging food leaving the kitchen, the delivery of food to shelter partners, the pick-up of rescued and donated product when necessary, and the maintenance of the kitchen and warehouse buildings. Mike’s years of experience in professional kitchens ranging from his time as the Executive Chef at Mesa to being the Executive Chef at Bad Robot (J.J. Abrams’ production company) have been instrumental in helping the Kitchen maintain a high standard of operations. Our culinary leadership applies the same high food safety standards and exceptional food quality from their collective experience to now serve thousands living with food insecurity. The only difference is for the first time in Orange County, surplus safe and edible food is rescued and used in our menu planning. Our professional chefs and their culinary staff deploy their innovative culinary skills to cook delicious and nutritious meals at very low cost. Culinary Training Director Chef Charlie Negrete is a graduate of CSCA. He began his time with the Kitchen as Sous Chef, was promoted to Chef Instructor, and now oversees all elements of the Culinary Training Program. Charlie has worked under Michelin Starred Chefs and at premier establishments such as the Peninsula Hotel of Beverly Hills, Terranea Resort, and Portofino Hotel & Yacht Club. With his new calling to empower society’s underserved, Chef Charlie spent two years at the LA Kitchen before it was closed in 2018. Charlie was instrumental in developing the culinary training program at LA Kitchen and carries those experiences into our own Culinary Training Program. Rounding out our team of leaders is our Co-Founder and Director of Hospitality, Molly Bracken. While faithfully leading from behind the scenes for years as the co-founder and a board member, Molly stepped into a forward-facing role in 2024 as our Director of Hospitality with a focus on ensuring that our standards and values are seen and felt in every area of our organization. She comes to us with an impressive professional background in places such as the Peninsula Beverly Hills, the St. Regis Monarch Beach, the Westin South Coast Plaza and spent many years designing and implementing customer service training and development programs with Inspire Consulting Group. Molly’s diverse experience in hospitality, from human resources management to hotel operations, combined with her training as a black belt in Six Sigma, makes her a valuable part of the team since nonprofit executives tend to wear many hats. 13941 Nautilus Drive, Garden Grove, CA, 92843 |. www.brackenskitchen.org We are deeply committed to the community by the nature of our work, serving 2.2 million meals last year to those in need by working with 60+ community partners to distribute meals to those in need throughout Orange County. We also work with partners to host community events using our food truck, Babs. We enjoy working with partners such as the City of Garden Grove Family Resource Centers to provide an enjoyable, uplifting experience for guests while also serving a healthy and delicious meal. We’ve had many similar partnerships over the years in communities all across Orange County. Some of those include the Willard neighborhood in Santa Ana, the Oakview neighborhood in Huntington Beach and Higher Ground in Anaheim. We believe that allowing people a respite from life’s challenges, even if just for a free dinner, can bridge gaps in our communities better than many other planned opportunities. With nearly 13 years of serving in this way, we recognize that growing our community meal program through deeper partnerships will help us to have an even bigger impact. FROM OUR MIDYEAR REPORT COMMUNITY IMPACT Page 27 of 36 VENDOR APPLICATION FORM FOR RFP No. 26-06 Commercial Kitchen Operator Services TYPE OF APPLICANT: CURRENT VENDOR Legal Contractual Name of Corporation: Bracken's Kitchen Inc. Contact Person for Agreement: Bill Bracken Title: Executive Director E-Mail Address: Bill@BrackensKitchen.org Business Telephone: 714.554.1923 Business Fax: N/A Corporate Mailing Address: 13941 Nautilus Drive Garden Grove, CA 92843 Contact Person for Proposals: Bill Bracken Title & EMail Address: Sames as above Business Telephone: 714-554-1923 Business Fax: N/A Is your business: (check one) NON PROFIT CORPORATION Is your business: (check one) Non Profit Corporation Page 29 of 36 EX PARTE COMMUNICATIONS CERTIFICATION Please indicate by signing below one of the following two statements. Only sign one statement. I certify that Proposer and Proposer’s representatives have not had any communication with a City Councilmember concerning informal RFP No. 26-06 Commercial Kitchen Operator Services at any time after October 3, 2025 ________________________________ Date: _______________________ Signature ________________________________ Print OR I certify that Proposer or Proposer’s representatives have communicated after October 3, 2025 with a City Councilmember concerning informal RFP No. 26-06 Commercial Kitchen Operator Services . A copy of all such communications is attached to this form for public distribution. ________________________________ Date: _______________________ Signature ________________________________ Print William Bracken 11.3.25 Page 30 of 36 DISQUALIFICATION QUESTIONNAIRE The Contractor shall complete the following 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 in the following space. Page 31 of 36 DISCLOSURE OF GOVERNMENT POSITIONS Each Proposer shall disclose below whether any owner or employee of Contractor 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. List below or state "None." NONE Page 32 of 36 COMPANY PROFILE & REFERENCES Company Legal Name: Bracken's Kitchen In. Company Legal Status: Non Profit Organization Active licenses issued by the California State Contractor’s License Board: N/A Business Address: 13941 Nautilus Drive, Garden Grove, CA 92843 Website Address: www.BrackensKitchen.org Telephone Number: 714-554-1923 Facsimile Number: N/A Email Address: Chef@brackenskitchen.org Length of time the firm has been in business: 13 years Length of time at current location: 7 years Is your firm a sole proprietorship doing business under a different name: No If yes, please indicate sole proprietor’s name and the name you are doing business under: Federal Taxpayer ID Number: Regular Business Hours: Office: 8:00 am - 4:00 pm Regular holidays and hours when business is closed: Closed Sunday, not for shelter partners Facsimile Number: Contact person in reference to this solicitation: Telephone Number: 714-554-1923 Email Address: Bill@BrackensKitchen.org Contact person for accounts payable: Lauren Kelly Facsimile Number: Telephone Number: 714-554-1923 Email Address: 13941 Nautilus Drive, GG, CA 92843 Name of Project Manager: Bill Bracken Facsimile Number: Telephone Number: Same as above Email Address: Page 33 of 36 COMPANY PROFILE & REFERENCES (Continued) Submit the company names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least three clients, preferably other municipalities for whom comparable projects have been completed or submit letters from your references which include the requested information. Company Name: City of Garden Grove Contact Name: Lisa Kim Contract Amount: Appx $320,000.00 Email: LisaK@GGCity.org Address: 11222 Acacia Pkwy, GG, CA 92840 Brief Contract Description: Food Service for Shelter Company Name: Mercy House Telephone Number: 714-836-7188 Contact Name: James Brooks Contract Amount: Appx $450,000.00 Email: JamesB@MercyHouse.net Address: PO Box 1905, Santa Ana, CA 92702 Brief Contract Description: Food Service for Huntington Beach Navigation Center Page 34 of 36 Company Name: The Hub Resource Center Telephone Number: 657-767-5751 Contact Name: Holiday Zimmerman Contract Amount: Appx $220,000.00 Email: Holiday@TheHubOC.org Address: 1439 W. Chapman Ave, #196, Orange, CA 92868 Brief Contract Description: Lunch Service for Homeless Resource Center Company Name: City of Huntington Beach Telephone Number: 714-536-5929 Contact Name: Jessica Kelley Contract Amount: N/A Email: Jessica.Kelley@surfcity-hb.org Address: 2000 Main Street, HB, CA, 92648 Brief Contract Description: While our contract in HB is with Mercy House, Jessica and the HB team know us and can speak to our work if needed. Company Name: Telephone Number: Contact Name: Contract Amount: Email: Address: Brief Contract Description: EXHIBIT C FEE SCHEDULE 13941 Nautilus Drive, Garden Grove, CA, 92843 |. www.brackenskitchen.org Please find below our proposed subsidy per meal period. While the cost of all food items, payroll, insurance and other ancillary costs have gone up substantially, we are committed to our relationship with Costa Mesa and will not be asking for an increase this coming year. The Kitchen reserves the right to minimize staffing on site, should census reach below 50 meals per meal period. Estimated cost per tasty and nutritious meal is as follows: Breakfast: $3.50 per person Lunch: $4.50 per person Dinner: $5.50 per person Total Cost: $13.50/day per person Full Service with trained and certified staffing: Daily: 85 ppl x $13.50 per = $1147.50 per day Weekly: 7 days = $8032.50 per week Annual: 52 weeks = $417,690.00 per annual • This proposal will be honored for the entirety of the one-year contract Bi-Weekly invoices will be submitted for payment. Net 30 terms. Invoices not paid within terms are subject to a 1.5% monthly finance charge. Program contact information is as followed: Bill Bracken, Founder & Executive Director bill@brackenskitchen.org James Martin, Director of Culinary Operations James@brackenskitchen.org COSTA MESA NAVIGATION CENTR COST PROPOSAL: PAYMENTS: CONTACT INFORMATION: EXHIBIT D CITY COUNCIL POLICY 100-5