Newark City Council
November 10, 2022

CONTACT INFORMATION
W 805-541-1010
M 805-459-4422
[email protected]
YEARS OF EXPERIENCE | 26
WITH CURRENT FIRM | 7

EDUCATION

BACHELOR OF ARCHITECTURE
California Polytechnic University,
San Luis Obispo, CA

ARCHITECT REGISTRATION
State of California | C-28461

LEED ACCREDITATION
LEED AP, BD+C

REFERENCES
Domenic Oronato, Senior Capital Project
Manager
408.535.8407 |
[email protected]
Matt Horn, Public Works Operations Manager
805.781.7191 | [email protected]
Aaron Fryler, Deputy Fire Chief, City of
San Jose Fire Department
408.794.6987 | [email protected]
Candice is a public safety design professional. She has dedicated the past 20 years of her career to the strategic planning, design and implementation of public safety projects. She develops cohesive and operational driven design solutions for her clients. Her extensive knowledge of sustainable design strategies in every component of a project has resulted in completed LEED®-certified public safety projects and lower utility costs to operate these new facilities for her clients. Candice maintains focus on the overall and operational goals of the client and provides durable and low-maintenance design solutions that balance and enhance the project.

SAN LUIS OBISPO FACILITIES MASTER PLAN UPDATE
San Luis Obispo, CA
Project Role | Assessment and Master Planning Architect Candice is the assessment and master planning architect for this project. She worked with the City to develop the project budgets, timelines and capital improvement plan for all of the facilities in the Master Plan Update.

The Master Plan update will help the City better understand if their facilities have outlived their original purpose and what each facility might require to continue to serve staff and the citizens of San Luis Obispo. The Master Plan update includes needs assessment and programming for four existing fire stations.

SAN JOSE FIRE TRAINING FACILITY RELOCATION FEASIBILITY
STUDY San Jose, CA
Project Role | Public Safety Consultant
Candice is working with the City of San Jose to analyze strategies for the relocation of their Fire Department Training Center to the Central Services Yard. The new Fire Department Training Center will occupy approximately 6.5 acres of the 22 acres at the Central Services Yard.

Candice is working with the City team to validate the preliminary program and prepare a high-level development scheme(s) to analyze fire training needs. The project will include a Fire Training Building for fire training administration, the fire academy and in-service personnel training. A 5-story fire training tower and support spaces will be designed for both Class A and Class B training props and scenarios.

A 5-story parking structure is anticipated to eliminate existing surface parking to make room for the new fire training center and potentially a new Emergency Operations Center as well. Storage of existing essential equipment and materials is a high priority.

CANDICE WONG, PRINCIPAL, LEED AP BD+C

PRINCIPAL IN CHARGE/PROJECT MANAGER
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16 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. C. QUALIFICATIONS TEN OVER STUDIO | Statement of Qualifications | NEWARK CITYWIDE FACILITIES MASTER PLAN | Page 2

SAN JOSE FIRE DEPARTMENT FIRE FACILITIES PROGRAM
San Jose, CA
Project Role | Program Manager
Candice Wong was the project manager in charge of preparing the San Jose Fire Facilities Program. The City wanted a strategic plan and operational procedures for all of the new fire stations built under the Fire Bond. Candice worked with the Fire Department to identify the operational criteria to guide the development of three prototype fire stations. The programming process included workshops with many City staff members, visits to existing facilities, and discussions with San Jose Fire Department leadership. The program focused on operational practices, methods for obtaining better operational efficiencies and creating flexibility in the space planning to allow for future changes in operating procedures and increases in service levels.

ADDITIONAL RELEVANT EXPERIENCE
San Jose Fire Station 34, San Jose, CA*
San Jose Fire Station 35, San Jose, CA - LEED-NC Silver Certified* San Jose Police Southside Substation Peer Review and
Implementation Support Services, San Jose, CA - LEED-NC Silver Certified*
Calexico Fire Headquarters Station, Calexico, CA
Calexico Public Safety Center Needs Assessment, Calexico, CA Marin County Emergency Operations Facility, San Rafael, CA Emeryville Fire Station No. 35 and EOC Renovation, Emeryville, CA PG&E DCPP Kendall Road Campus, San Luis Obispo, CA – LEED-NC Platinum Certification*
Napa Joint Public Safety Center Needs Assessment and Site Feasibility Study, Napa, CA
Lompoc Police Station Needs Assessment, Lompoc, CA
San Jose Police Training Feasibility Study, San Jose, CA Purissima-McCann Operation Center Improvements - Feasibility & Conceptual Design, Los Altos Hills, CA
Brisbane Fire Station, Brisbane, CA
ECCFPD & Ironhouse Joint Facility, Oakley, CA
Mineta San Jose International Airport ARFF Facility, San Jose, CA CANDICE WONG, LEED AP BD+C

PRINCIPAL IN CHARGE/PROJECT MANAGER - CONTINUED

PRESENTATIONS
EOC Activation Readiness and Public
Safety Facilities Design Considerations
Station Design Conference, St. Louis, MO,
2021
Operations Based Design
Station Design Conference, Fort Worth, TX
2018, Chicago, IL 2019, and St. Louis,
MO 2021
LEED Certified and Green Fire Stations
Firehouse Station Design Conference, Fort
Worth, TX 2017
Particulars on Particulates: Air Quality
Systems in Fire Stations
Panel Discussion, Firehouse Station
Design Conference, Anaheim, CA 2016
Cal Green and LEED
Presentation to Los Angeles Department of
Water and Power, Los Angeles, CA 2013
Air Quality in Fire Stations
Panel Discussion, Station Style
Conference, Phoenix, AZ 2013

PUBLICATIONS
“Operations Based Design,” Officer
Magazine, October 2020
“Room to Grow,” Fire Chief Magazine,
July 2013
“Privacy in the Modern Firehouse,”
iWomen Newsletter, July 2012
“Fire Station: Architectural Insight to
Planning, Design & Construction,”
International Association of Fire Chiefs
Foundation, 2010
Packet Page 218
17 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. C. QUALIFICATIONS

CONTACT INFORMATION
W 805-541-1010
[email protected]
YEARS OF EXPERIENCE | 12
WITH CURRENT FIRM | 8

EDUCATION
Bachelor of Architecture
California Polytechnic State University,
San Luis Obispo, CA
Minor in Construction Management
California Polytechnic State University,
San Luis Obispo, CA

REFERENCES
Aaron Fryler, Deputy Fire Chief, City of San
Jose Fire Department
408.794.6987 | [email protected]
Diego Favila, Fire Chief, City of Calexico Fire
Department
760.768.2150 | [email protected]
Anthony Stoloski, Operations Manager,
Purissima Hills Water District
650.948.1217 | [email protected]
Karl graduated from Cal Poly with a degree in Architecture and a minor in Construction Management. His varied background, with experience in commercial and residential design and over ten years of woodworking and construction experience, gives him a unique understanding and approach to all aspects of the design and construction process.

Clients value Karl’s easy-going demeanor and concise communication style. Karl listens carefully during conversations and integrates what he learns into his relationships and projects. A team player, Karl seeks timely, efficient and effective solutions: he enjoys finding ways to bring together seemingly unrelated components or ideas into a cohesive whole.

RELEVANT EXPERIENCE
Purissima-McCann Operation Center Improvements - Feasibility & Conceptual Design, Los Altos Hills, CA
San Jose Police Department Air Support Unit Hangar, San Jose, CA Calexico Fire Headquarters Station, Calexico, CA
Emeryville Fire Station No. 35 and EOC Renovation, Emeryville, CA PG&E Corporation Yard Tenant Improvement, Templeton, CA PG&E Corporation Yard Tenant Improvement, King City, CA Octagon Barn Center, San Luis Obispo, CA
San Luis Obispo Council of Governments Site Improvements, San Luis Obispo, CA
SRAM Tenant Improvement and Maintenance Shop, San Luis Obispo, CA Mineta San Jose International Airport Arff Facility, San Jose, CA San Jose Fire Department Training Center And Emergency Operations Center, San Jose, CA
San Jose Fire Department Training Center and Emergency Operations Center, San Jose, CA | Tracking LEED Gold Certification San Jose Police Department Training Center & Academy, San Jose, CA | Tracking LEED Silver Certification
San Miguel Community Services District Wastewater Treatment Facility Upgrade and Expansion, San Miguel, CA
Brisbane Fire Station, Brisbane, CA
ECCFPD & Ironhouse Joint Facility, Oakley, CA

KARL LUNDEEN
SENIOR PROJECT DESIGNER |

ASSISTANT PROJECT MANAGER
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18 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. C. QUALIFICATIONS TEN OVER STUDIO | Statement of Qualifications | NEWARK CITYWIDE FACILITIES MASTER PLAN | Page 4

CAITLIN MILICH

PROJECT ARCHITECT

CONTACT INFORMATION
W 805-541-1010
[email protected]
YEARS OF EXPERIENCE | 6
CURRENT FIRM EXPERIENCE | 3

EDUCATION
Master of City and Regional Planning,
California Polytechnic University, San Luis
Obispo, CA
Bachelor of Architecture, California
Polytechnical University, San Luis Obispo, CA
Minor in Sustainable Environments, California
Polytechnic University, San Luis Obispo, CA

ARCHITECT REGISTRATION
State of California | C-39898

REFERENCES
Diego Favila, Fire Chief, City of Calexico Fire
Department
760.768.2150 | [email protected]
Anthony Stoloski, Operations Manager,
Purissima Hills Water District
650.948.1217 | [email protected]
George Haynes, CEO, Search Dog Foundation
805.229.0084 | [email protected]
Caitlin is an architect who understands what it means to respect the impact the designed environment has on its users. She appreciates the level of detail that is necessary in the design and development of essential service facilities and how that design impacts those people who serve their community. As a team member, Caitlin enjoys diving into the details of code research and participating in meetings with stakeholders, clients and consultants.

RELEVANT EXPERIENCE
San Jose Police Department Training Center and Academy, San Jose, CA San Jose Police Department Air Support Unit Hangar, San Jose, CA Search Dog Foundation Training Facility, Santa Paula, CA Calexico Fire Headquarters Station, Calexico, CA
Monterey Peninsula Regional Park District Ranger Station, Dog Park, and Restrooms, Carmel, CA
Mineta San Jose International Airport ARFF Facility, San Jose, CA | Tracking LEED certification
San Jose Fire Training Facility and Emergency Operations Center, San Jose, CA | Tracking Gold LEED certification
San Luis Obispo City Hall Tenant Improvements, San Luis Obispo, CA San Luis Obispo Facilities Master Plan Update, San Luis Obispo, CA San Luis Obispo Fire Station 1 HVAC Replacement, San Luis Obispo San Luis Obispo Mechanical Replacement Projects, San Luis Obispo, CA Purissima-McCann Operation Center Improvements - Feasibility & Conceptual Design, Los Altos Hills, CA
California Polytechnic State University Kinesiology Building HVAC and Roof Replacement*
San Miguel Community Service District Wastewater Treatment Facility Upgrade and Expansion, San Miguel, CA
*Work completed prior to joining TEN OVER STUDIO
Packet Page 220
19 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. C. QUALIFICATIONS 2 ANAS SADKHI, PE, CEM, PMP
PROJECT EXPERIENCE: YEARS OF EXPERIENCE: 16
City of Covina, CA
Facility Condition Assessment
Menlo Park, CA
Facility Condition Assessment & Energy Audit
Southern California Gas, CA
Facility Condition Assessment, Inventory &
Energy Audit
County of El Dorado, CA
Facility Condition Assessment & Inventory
Montebello Transit, CA
Facility Condition Assessment
San Mateo Community College, CA
Facility Condition Assessment
El Rancho Unified School District, CA
Facility Condition Assessment
City of Mesa, AZ
Facility Condition Assessment
City of Aspen, CO
Facility Condition Assessment
City of Seattle Dept. of Transportation, WA
Facility Condition Assessment
Pierce County Transit, WA
Facility Condition Assessment
Sound Transit, WA
Facility Condition Assessment
University of Utah, UT
Facility Condition Assessment
Education
Master of Science, Electrical Engineering,
Whichita State University
MBA, Salisbury University
Licenses
Professional Engineer | KS | 25743
Certified Energy Manager
Project Management Professional

SENIOR PROJECT MANAGER
Mr. Sadkhi is a project management professional and certified energy manager with 16 years of experience. He conducts and leads teams for Physical Needs Assessments, Facility Condition Assessments, Energy Audits & Surveys and other related services of properties in accordance with ASTM standards and client specific scopes of work. He supervises and trains junior architects and engineers conducting building assessments and energy audits. He also supports program managers to coordinate proposals, train, and develop and review final deliverables to the client. Anas will lead BVTA’s onsite efforts for the duration of the project.

Packet Page 221
20 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. C. QUALIFICATIONS 12 PROJECT EXPERIENCE:

City of Concord, CA
Facility Condition Assessment
City of Fresno, CA
Facility Condition Assessment
City of El Segundo, CA
Facility Condition Assessment
City of Garden Grove, CA
Facility Condition Assessment, ADA Assessment
City of Pico Rivera, CA
Facility Condition Assessment, Inventory
City of Poway, CA
Facility Condition Assessment
City of Brea, CA
Facility Condition Assessment, ADA Assessment
City of Covina, CA
Facility Condition Assessment
El Dorado County, CA
Facility Condition Assessment, Inventory
Golden Empire Transit Authority, CA
Facility Condition Assessment
Catalina Island, CA
Facility Condition Assessment, Inventory
Conejo Valley Schools, CA
Facility Condition Assessment, Inventory
Simi Valley Unified School District, CA
Facility Condition Assessment, Inventory
Sacramento Metropolitan Fire District, CA
Facility Condition Assessment, Inventory

MOUAZ ALRAYES

SENIOR PROJECT MANAGER
Mr. Alrayes is a Senior Project Manager with 17 years of experience. He conducts and leads teams for Physical Needs Assessments, Facility Condition Assessments, Energy Audits & Surveys and other related services of properties in accordance with ASTM standards and client specific scopes of work. He supervises and trains junior architects and engineers conducting building assessments and energy audits. He also supports program managers to coordinate proposals, train, and develop and review final deliverables to the client. Mr. Alrayes will lead BVTA’s onsite efforts for the duration of the project. He is the main point of contact for the client throughout the project.

YEARS OF EXPERIENCE: 17
Education
Bachelor of Arts, Mechanical Power of Engineering, Damascus University Packet Page 222
21 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. C. QUALIFICATIONS Project Management | Construction Cost Management
San Francisco · Los Angeles · Sacramento · Los Altos · San Diego · Seattle · Dublin (Ireland) GARY

HOLLAND
Project Manager

PROFILE
Gary Holland is a Project Manager
and Senior Cost Estimator for TBD
Consultants working on all aspects of
Cost Planning focusing on Public,
Healthcare and Institutional sectors.

Prior to joining TBD, he was an
Associate Director and Senior
Estimator at Davis Langdon and
AECOM, where he spent 32 years
working for the worldwide
construction cost planning and
management firm providing cost
management services to architects,
design professionals, owners,
institutions and government agencies
throughout the United States.

CONTACT
PHONE:
(916) 742-1770
WEBSITE:
www.tbdconsultants.com
EMAIL:

[email protected]
ADDRESS:
6518 Lonetree Blvd. #164
Rocklin, CA 95765

EDUCATION
Architecture and Construction Management, West Valley College, Saratoga, California, 1982

CERTIFICATIONS/AFFILIATONS
Certified Professional Estimator (CPE) with the American Society of Professional Estimators (ASPE)
Member of the American Institute of Architects (AIA)
OVER 35 YEARS OF INDUSTRY EXPERIENCE

REFERENCES
Jason Hull, Anderson Brule’ Architects
(408)-298-1885
Dawn Merkes, Group 4 Architecture, Research + Planning, Inc. (650)-871-0709
Brian Wright, TLCD Architecture
(707)-525- 5600
T

EXPERIENCE
San Mateo Recreation Facilities Master Plan Study, San Mateo, California
City of San Bruno Community Facilities Master Plan, San Bruno, California
City of Mountain House Planned Community Civic Buildings, Mountain House, California
Napa Valley College Bond Modernization Study, Napa, California Sonoma City Library Master Plan, Sonoma, California
San Diego Public Library Master Plan, San Diego, California Packet Page 223
22 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. C. QUALIFICATIONS

NEWARK CIVIC CENTER MASTER PLAN
Client contact:

Dr. Cindy Chadwick
County Librarian,
Alameda County Library
(510) 745-1510
[email protected]
Key personnel:
▪ Dawn Merkes - PIC/PM
▪ Andrea Gifford - Director
of Interiors (for Newark Library)
▪ Jonathan Hartman - Consulting Architect
Subconsultants:
▪ SWA Group - Landscape
▪ Garavaglia Architecture
The Newark Civic Center, a 7.5 acre campus consisting
of a City Hall administrative tower and expansion, police headquarters, and public library, was built between the 1960s and 1980s, and has been subject of expansion and
replacement strategies since 2000. The City commissioned Group  4 to work with the Newark community, City
department heads from Recreation and Community
Services, Police, and Public Works, and Alameda County
Library to generate a new vision for the Newark Civic
Center that meets current and future community needs.

Facilities evaluation, departmental coordination, and
community outreach and needs assessment informed the
New Civic Center vision, the identification of potential sites, site strategy, and conceptual building programs.

Group 4 also developed a construction phasing plan, cost model, and financing strategies for the preferred site and site strategy.

June 2016 Newark Civic Center Feasibility Study 22
B,C,D
E
F
G

POTENTIAL SITES FOR A NEW CIVIC CENTER
H
A B
E
C
F
D
G H Old Town
Site
Junior High
School Site
Shirley Sisk
Grove Site
Community
Park Site
Silliman
Center Site
Silliman
Center Site E
Silliman
Center Site W
Existing Civic
Center Site
Sites Evaluated
Packet Page 224
23 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. C. QUALIFICATIONS Client contact:

Jason Behrmann, City Manager
City of Elk Grove
916-627-3423
[email protected]
Key personnel:

Andrea Gifford - PIC/PM
Dawn Merkes - Consulting Principal
Subconsultants:

BSW - Architecture
TBD - Cost Consulting
Group 4 worked with the City of Elk Grove to study
administrative space needs and consolidation feasibility for eight City departments currently split between seven facilities totaling over 190,000 square feet. Current properties include two multi-facility campuses, a corporation yard, a special waste and collection center, and a city library building.

Group 4 coordinated department and staff space needs
assessment with the City Manager, City Clerk, City Attorney, Development Services, Finance and Administration,
Economic Development, Public Works, and the Police
departments through surveys, department head interviews, and a series of workshops. Current and projected department space needs and adjacency requirements informed
development of space planning options (addressing growth and recession scenarios, campus and co-location concepts, and options for both current and prospective facilities), leading to a preferred strategy, summary report, Council presentation, and positioning for implementation.

We also worked with the City to develop standards for
open workstations. Work included a fit-out study of open workstations and graphic floor plans to determine efficient layouts for each floor, allowing for 39 additional workstations and additional meeting spaces.

C I T Y O F E L K G R O V E

CIVIC FACILITIES MASTER PLAN
Packet Page 225
24 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. C. QUALIFICATIONS The Pacifica Civic Center project will renovate Pacifica’s City Hall, a re-purposed 1920s historic schoolhouse (5,900 sf), and adjacent staff building (5,700 sf) into a cohesive civic campus for the City, with co-located staff departments, meeting and collaboration spaces, and a one-stop shop
for permitting. The site will be transformed with a new pocket park and gathering space for the community along with pedestrian-friendly walkways, upgraded parking,
and native landscaping. The exterior of City Hall will be rehabilitated to its original historic schoolhouse look, preserving this treasured piece of local history for years to come.

The exterior of the adjacent staff building will be
modernized with a new façade that creates a civic
presence and complements the adjacent City Hall. The
interior of both buildings will be renovated, significantly improving functionality and use, and creating welcoming, comfortable, spaces for visitors and City staff.

The current project, which is in the construction documents phase, builds on and continues Group 4’s work with the
City in the 2020 Pacifica Civic Facilities Study. The project bid successfully and construction will begin in summer of 2022.

PA C I F I C A C I V I C FA C I L I T I E S S T U D Y /

CIVIC CENTER RENOVATION
Client contact:

Sam Bautista, P.E., OSD/P
City Engineer, City of Pacifica
(650) 738-3771
[email protected]
Key personnel:
▪ Dawn Merkes - PIC/PM
▪ Andrea Gifford - Director of Interiors
▪ Jonathan Hartman - Principal Architect
Subconsultants:
▪ BKF Engineers - Civil
▪ TBD Consultants - Cost
▪ Atium Engineering - Electrical
▪ Capital Engineering Consultants -
Mechanical
▪ OLMM Consulting Engineers -
Strucutral
▪ ProTech Consulting & Engineering -
Hazmat
▪ Roning Engineers - Geotech
▪ Garavaglia Architecture - Historic
Packet Page 226
25 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. C. QUALIFICATIONS

LITIGATION HISTORY
Group 4 is not currently engaged in any pending or ongoing litigation, and has not been for the past 10 years. Group 4 has not had a contract terminated within the past 10 years (or ever) for default, non-performance, or litigation. We are proud of our record of long-term relationships with our clients built on our commitment to responsive service and quality work.

Packet Page 227
33 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. F. OTHER QUALIFICATIONS Group 4 Architecture, Research + Planning, Inc. is a full-service architecture firm dedicated to creating places for communities to gather, grow, and thrive.

Since 1974, our inspired and talented staff has provided quality services to public clients and the communities they serve. Our distinctly inclusive design process engages staff, stakeholder, and citizens in shaping the future of their communities.

Exceeding our clients’ expectations for facilities that reflect and celebrate their vision of community is a key reason behind our project success. We are proud of the long-term relationships we build with our clients through project excellence and responsive service. Group 4 has enjoyed previous collaboration with the City of Newark on the Newark Civic Center Master Plan.

We are a California corporation and state-certified Small Business. Our 30-person staff includes licensed architects, planners, interior designers, and technical and construction support specialists. Based in South San Francisco CA, Group 4 has satellite offices in Philadelphia, Seattle, and Lexington KY. We are active in professional organizations such as the California Park & Recreation Society, the American Institute of Architects, the US Green Building Council, and the Environmental Design Research Association.

INTRODUCTION TO GROUP 4
Packet Page 228
34 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. F. OTHER QUALIFICATIONS Group 4 has more than four decades of experience working with public agencies on important community and infrastructure projects. We understand the unique concerns of public clients, including the multi-agency approvals process and the need to demonstrate fiscal responsibility with public funds.

Our architectural services range from pre-design through design, construction documents, bidding, construction administration, and post-construction support. Pre-design services include master planning, site selection and analysis, needs assessment, feasibility studies, and programming. We also provide comprehensive interior design services, including FFE, casework, signage and graphics, and more.

Over the course of our practice, we have planned and designed hundreds of public facilities, from government offices, libraries, recreation and community centers, and public safety buildings to corporation yards, maintenance facilities, and transportation projects. Our portfolio includes new buildings, renovations, expansions, adaptive reuse, interior redesigns, and tenant improvement projects.

The projects listed opposite are just a few examples of our planning and design experience relevant to the City of Newark’s Facilities Master Planning Process.

More information about selected examples of our experience are included later in this SOQ.

OVERVIEW OF GROUP 4 SERVICES
Newark Civic Center Master Plan
Packet Page 229
35 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. F. OTHER QUALIFICATIONS Civic Centers and City Facility Master Plans
▪ Elk Grove City Facilities Master Plan
▪ Elk Grove Civic Center District Master Plan
▪ East Palo Alto City Facilities Master Plan
▪ Newark Civic Center Master Plan
▪ Solano County Library Facilities Master Plan
▪ South San Francisco Civic and Community Facilities
Master Plan
▪ Salinas Parks, Recreation & Library Master Plan
▪ San Mateo Recreation Facilities Master Plan
▪ Cincinnati-Hamilton County Public Library Facility
Master Plan
▪ Campbell Civic Center Master Plan
▪ Belmont Civic Center Master Plan
▪ Foster City Civic Master Plan
▪ Menlo Park Civic Center Master Plan
Municipal Government Offices
▪ Pacifica City Hall Renovation
▪ Santa Clara County Department of Finance Offices
▪ Santa Clara County Department of Planning &
Development Offices
▪ Santa Clara County Office of County Counsel
▪ Santa Clara County Berger Campus
▪ San Mateo County Library Administration Building
▪ Manteca One-Stop Permit Center
▪ South San Francisco City Hall Annex
Corporation Yard, Maintenance, and Utilities
▪ Santa Clara Valley Water District
Winfield Maintenance Campus
▪ East Bay Municipal Utility District
Wastewater Treatment Center Retrofit
▪ Contra Costa Water District
Administration Building Renovation
▪ San Jose Central Service Yard Master Plan
▪ Delta Diablo Sanitary District Space Study
Santa Clara County Household Hazardous
Waste Collection Facility, San Jose CA
Winfield Maintenance Campus
Santa Clara Valley Water District, San Jose CA
San Jose Environmental Innovation Center
Packet Page 230
36 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. F. OTHER QUALIFICATIONS Transportation and Transit
▪ Santa Cruz METRO Pacific Transit Station
▪ C. Paul Bettini Transit Center
▪ SamTrans North and South Base Retrofit
▪ SamTrans North and South Base Electrification
▪ WestCat Bus Parking Site Expansion Study
▪ Santa Clara County PEV Readiness Study
▪ BART Castro Valley Station
▪ BART Colma Station
Parks, Recreation, and Library
▪ Dublin Cultural Arts Center
▪ Elk Grove Community Center at District56
▪ Fairfield Cordelia Library
▪ Elk Grove Library
▪ Granada Community Center
▪ Krusi Park Recreation Building
▪ San Bruno Recreation & Aquatic Center
▪ Westborough Park Picnic Shelter
▪ West Sacramento Community Center
▪ Belmont Barrett Community Center Conceptual
Design
▪ Belmont Twin Pines Senior and Community Center
▪ Foster City Walker Recreation and Senior Center
▪ Millbrae Community Center
▪ San Bruno Recreation and Aquatic Center
▪ San José Roosevelt Community Center
▪ San Leandro Senior/Community Center
▪ San Rafael Albert J. Boro Community Center Expansion
Fire, Police, and Public Safety
▪ Santa Clara County Fire Department Master Plan
▪ Scotts Valley Fire Facilities Master Plan
▪ San Jose Police Department Training Center/ Police
Academy
▪ San Jose Fire Department Training Facility
▪ Burlingame Fire Station No. 34
▪ San Francisco International Airport Fire Station No. 2 ▪ Menlo Park Police Station and City Hall
Colma BART Station
Boulevard Recreation Center, Dublin CA
San Francisco International Airport
Fire Station No. 2
Packet Page 231
37 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. F. OTHER QUALIFICATIONS Company Information
HQ
HQ
HQ
BV Office Locations
BV Technical Assessments
Headquarters
MO
IL
TX
AZ
CA
AK
NM
NV
UT
CO
KS
OK
OR
WA
ID
MT
WY
ND
SD
NE
MN
IA
WI
AR
LA
OH
WV
VA
SC
TN

MS AL GA
FL
MI
IN
NH
NJ
MD
DE
RI
ME
KY
PA
NY
CT
HI
VT
NC
Profile
Bureau Veritas Technical Assessments LLC (“Bureau
Veritas” or “BVTA”) is a professional services consulting firm providing comprehensive architectural, engineering, energy, and environmental solutions. Our team includes
over 700 building professionals nationwide, including
Registered Architects, Professional Engineers, Certified Energy Managers, Project Managers, Environmental
Professionals, Building Systems Consultants, and Code
Compliance Experts.

Annually, Bureau Veritas conducts thousands of assessments for Multifamily, Commercial, Industrial, Government, and Educational clients. Having successfully completed billions of square feet of building assessments, we have developed a proven and efficient methodology for the performance of field assessments and data collection.

Bureau Veritas’ recommendations are based on knowledge
of property conditions, life-cycle analysis, regulations, and client objectives. Bureau Veritas’ subject matter expertise and understanding of buildings, parks, and property sites forms the foundation on which we team with clients to
create and implement facility and portfolio management
solutions.

ASSET MANAGEMENT SERVICES
• Facility Condition Assessments
• Capital Planning Reports
• Accessibility Compliance
• Equipment and Asset Inventory
• Barcoding, QR Coding, and Tagging
• CMMS Consulting
• Preventive Maintenance Plans
• Space Analysis Studies
• Energy Audits and Modeling
• Commissioning (Cx and Rx)
• Construction Monitoring
• Project Management
• Plan and Document Review
What We Do
Name of Company: Bureau Veritas Technical
Assessments LLC
Year Founded: 1986 (Parent: 1828)
Headquarters Address: 10461 Mill Run Circle,
Suite 1100
Owings Mills, MD 21117
Regional Office: 220 Technology Drive
Irvine, CA 92618
Primary Contact: Erik Piller
Senior Vice President
Telephone: (800) 733-0660, ext. 2704
Email: [email protected]
Website: bvna.com

FIRM OVERVIEW
Packet Page 232
38 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. F. OTHER QUALIFICATIONS TEN OVER STUDIO | Statement of Qualifications | NEWARK CITYWIDE FACILITIES MASTER PLAN | Page 1 firm profle

TEN OVER STUDIO
PUBLIC SAFETY DESIGN AND SERVICE –
40 YEARS IN THE MAKING
While TEN OVER STUDIO is relatively new, its
Public Studio is the culmination of 40+ years
of experience. Prior to forming TEN OVER, Jim
Duffy and Candice Wong managed the Public
Studio at another firm. Together, they successfully
completed 150+ public sector projects. These
projects include fire and police stations, fire
administration and headquarters stations, fire
training facilities, aviation facilities, maintenance
and operations facilities, fueling stations,
emergency operation centers, and communication
centers.

In 2014, Jim and Candice teamed with Joel
Snyder to form TEN OVER STUDIO, focusing on
unrivaled design and the highest levels of client
service. Headquartered in San Luis Obispo,
our fresh, nimble, and energetic team provides
architecture, landscape and interior design with
all the technical experience and horsepower
of a 40-year firm, wrapped in a package of
sustainability and operations-based design.

The TEN OVER STUDIO team has been serving
fire departments and municipalities with a deep
understanding of fire operational needs and
assessment skills to evaluate infrastructure, code,
and systems deficiencies.

TEN OVER STUDIO has put together an
experienced team of architects, engineers, and
cost estimators for this project. These team
members have extensive experience with building
condition assessments and how to turn the data
collected into systems and code-based analysis
that lead to solutions for rehabilitation, expansion,
or new construction.

YEARS IN OPERATION: 8
NUMBER OF EMPLOYEES: 42
YEAR FIRM WAS ESTABLISHED: 2014
FIRM PRINCIPALS:

Jim Duffy
Candice Wong
Joel Snyder
Julia Oberhoff
Jessie Skidmore

TEN OVER IS A STATE OF BEING
TEN OVER reflects our firm’s philosophy and our
goal of giving 110% in everything we do. We
strive to lead by example, go the extra mile, take
responsibility and do the right thing, even when
no one is looking.

Just like our clients, we believe in “we before
me.” We know working as a team improves
everything we do. We go out of our way to help
others succeed; we understand that listening,
humility and empathy are some of our greatest
tools.

TEN OVER STUDIO IS DIFFERENT
We are architects, landscape architects and
interior designers whose passion is to think
outside the box. When we design, we offer
thoughtful, honest solutions with an emphasis on
sustainability; those qualities come through in our
work.

TEN OVER TREADS LIGHTLY
By utilizing common materials in uncommon
ways, our spaces surprise and inspire. As a
Certified B Corp, we use our business as a force
for good, reinforcing our mission to leave the
world a better place than we found it.

Packet Page 233
39 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC.

CONTACT US
F. OTHER QUALIFICATIONS
San Francisco, CA
111 Pine Street, Ste. 1315
San Francisco, CA 94111
Phone: (415) 981-9430
Fax: (415) 981-9434
Orinda, CA
93 Moraga Way, Orinda, Ste.
206, Orinda, CA, 96503
Phone: (415) 981-9430
Los Altos, CA
2063 Grant Road
Los Altos, CA 94024
Phone: (650) 386-1728
Sacramento, CA
6518 Lonetree Boulevard
Suite164
Rocklin, CA 95765
Phone: (916) 742-1770
San Diego, CA
4655 Cass Street
San Diego, CA 92122
Phone : (619) 814-6793
Seattle, WA
8538 173rd Avenue NE
Redmond, WA 98052
Phone : (206) 571-0128
Los Angeles, CA
7083 Hollywood Blvd, 4th floor
Los Angeles, CA 90028
Phone : (424) 343-2652
Dublin, Ireland
78 Heathervue,
Greystones, Wicklow, A63Y997
Phone : +353 86-600-1352
WEBSITE:
www.tbdconsultants.com
EMAIL:
[email protected]

OUR PROFILE
We are a certified small business enterprise dedicated to the provision of excellence in construction cost management and project management services to owners and their professional consultants.

We specialize in developing construction cost estimates based on the most conceptual information as well as the detailed and complex later stages of design. We are also expert in project delivery, schedule analysis, and project controls services.

Our clients rely on our ability to provide them with defensible and reliable information at all stages of their project. They also depend on our expertise to control time and budget and
manage risks throughout the project, from inception to
completion.

OUR PROJECT & COST MANAGEMENT EXPERIENCE
 Cost Management
 Project Management
 Project Controls
 Scheduling
 Constructability Reviews
 Claims Settlement
 Dispute Resolution
 Quantity Surveys/Audits

OUR PROJECT EXPERIENCE
 Health Care Facilities
 K-12 & Higher
Education Facilities
 Research Laboratories
 Hi-Tech Office
Facilities & Data
Centers
 Multi-Family &
Luxury Residential
 Hospitality &
Entertainment
Facilities
 Aviation Facilities
 Museums & Art Galleries
 Commercial
Office Buildings
 Industrial &
Manufacturing
Facilities
Project Management | Construction Cost Management
San Francisco · Los Angeles · Sacramento · Los Altos · San Diego · Seattle · Maine· Orinda· Dublin (Ireland) Packet Page 234
40 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. F. OTHER QUALIFICATIONS AQUATICDESIGNGROUP.COM
Since 1984, Aquatic Design Group has worked with clients from around the globe to help bring their dreams to reality. This experience has resulted in quality, efficient design solutions that lead to projects delivered on time and on budget. We have worked on projects of all shapes and sizes in 44 states and 25 countries around the world. We specialize in all types of water including competitive, recreation and leisure pools, resort hotel pools, aquatic therapy / wellness facilities, and fountains/ decorative water features such as lakes, streams, cascades, lagoons, and waterfalls.

Aquatic Design Group sets the standard for quality swimming pool and water feature architectural, structural, mechanical, and electrical design and consulting services within the aquatics industry. We are dedicated and committed to providing the highest possible level of customer satisfaction delivered in a professional manner by a team of talented individuals who simply love what they do.

Our staff includes, among others: a third-generation pool designer; a former distributor of pool equipment and chemicals; an All-American swimmer; and a pool contractor with more than 28 years’ experience building pools. We are a highly trained group of talented designers, project managers, technicians, and administrative staff, all guided by a passion for aquatic facilities and those who experience them.

Plain and simple: we love what we do, and we do it well. Our drive to be innovative combined with our commitment to work with the entire team helps deliver projects that are unique, special, sustainable, and stand the test of time. Our ideas have helped our clients implement aquatics with a view toward streamlined approaches, appropriate application of technology, and continuous improvement.
• Full Design Services – New Construction
• Energy Efficiency Assessments
• Facility Expansion and Renovation Design
• Preliminary Construction Cost Estimates
• Facility Assessments
• Preliminary Operating Cost Estimates
• Programming / Master Planning
• Peer Review
• Feasibility Studies
• Commissioning
• Revenue Enhancement Studies
• AFO / CPO Training

SERVICES OFFERED

AQUATIC DESIGN GROUP
Packet Page 235
Packet Page 236
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACTUAL SERVICES AGREEMENT
WITH GROUP 4 ARCHITECTURE RESEARCH + PLANNING,
INC. AND APPROVING AN AMENDMENT OF THE

BIENNIAL BUDGET AND CAPITAL IMPROVEMENT PLAN

TO PROVIDE ADDITIONAL FUNDING FOR THE CITYWIDE
FACILITIES MASTER PLAN, PROJECT 1274
WHEREAS, development of a Citywide Facilities Master Plan, Project 1274 (“the Project”) was approved as part of the 2020-2022 Biennial Budget and Capital Improvement Plan; and
WHERAS, $100,000 was allocated from the Community Development Maintenance Fund to fund the Project; and
WHEREAS, staff issued a Request for Proposal (RFP) for consultant services for the Project; and
WHEREAS, the City received four (4) responsive submittals to the RFP; and WHEREAS, based on staff’s evaluation, Group 4 Architecture Research + Planning, Inc was determined to be the most qualified firm for the Project; and WHEREAS, Group 4 Architecture Research + Planning, Inc’s. costs associated with the Project are not-to-exceed $248,800; and
WHEREAS, staff recommends amending the 2022-2024 Biennial Budget and Capital Improvement Plan appropriating an additional $148,800 from the Community Development Maintenance Fund (625) to the Project.

NOW THEREFORE, BE IT RESOLVED that the City Council herby authorizes the City Manager to execute the Contractual Services Agreement, attached hereto, in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby approves an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan by appropriating $148,800 as follows:

FROM:

Description Account Amount
Community Development Fund Balance 625.3000 $148,800
TO:

Description Account Amount
CIP Project 001274 610.90.094.6220.CIP001274 $148,800
Citywide Facilities Master Plan
Packet Page 237

CITYWIDE FACILITIES MASTER PLAN
GROUP 4 ARCHITECTURE PLANNING + RESEARCH, INC.

WITH

BUREAU VERITAS TECHNICAL ASSESSMENTS

TEN OVER STUDIOS

AQUATIC DESIGN GROUP

TBD CONSULTANTS
Packet Page 238
Process and Approach
• Facility Conditions Assessment
• Future Space Needs
• Community Engagement
• Alternative Facilities Options
• Cost Estimates and Implementation
• City Council Input and Approval
Packet Page 239
Schedule
• Io[ Fall/Winter Spring Summer Fall
Fall/Winter
2022
Spring
2023
Summer
2023
Fall
2023
Community
Engagement
City Council

FACILITY CONDITION

ASSESSMENT

FUTURE SPACE NEEDS

COST ESTIMATES AND

IMPLEMENTATION

ALTERNATIVE FACILITY

OPTIONS
Packet Page 240
Item  F. 2.

DATE 11/10/2022
TO Honorable Mayor and City Council Members
FROM Roya Gonzalez, Administrative Analyst
SUBJECT    Adopt a resolution authorizing the City Manager to execute a Contractual Services Agreement with Gail M. Goldman Associates for the update of the 2001 Public Art Master Plan and approving an amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan.

SUMMARY AND RECOMMENDATION
In 2001, City Council approved the Public Art Master Plan (attached) that is in need of an update, including the 5-year Project Plan. The Request for Proposals (RFP) process is now complete, and staff recommends that City Council authorize the City Manager to execute a Contractual Services Agreement with Gail M. Goldman Associates in the amount not-to-exceed $85,000 for the update to the Public Art Master Plan and amend the 2022-2024 Biennial Budget and Capital Improvement Plan to appropriate $85,000 from the Art in Public Places Fund to fund this agreement.

BACKGROUND
In 1992, the City Council adopted a series of resolutions to create an Art in Public Places and Private Development Program, establish a nexus between private development and a public art impact fee, and to set the Art in Public Places and Private Development Fee for new residential, office, light manufacturing, and high technology development. The program set forth basic goals and parameters for the expenditures of the fee, including a list of target sites for public artwork. This program also called for the creation of the Public Arts Master Plan to guide the future art fee expenditures and strengthen the overall program. In 2001, the City Council adopted the Plan, including the 5-year Public Arts Projects Plan. It has been 20 years since adoption, and the plan is in need of an update.

DISCUSSION/ANALYSIS
The adopted Public Art Master Plan includes five (5) goals, each of which contains several program objectives. The most significant goal objective is the development of the 5-year Public Art Projects Plan. The 5-Year Public Arts Project Plan will analyze public art opportunities for the City and determine which projects best achieve the goals of the Public Art Master Plan and, should therefore, be brought before City Council for review and approval.

The full list of goals are as follows:

Packet Page 241

1. Approach the entire City as a canvas for public art.

2. Cultivate public art audiences and community support.

3. Develop projects in which public art can play a role in achieving other community-building goals and objectives.

4. Establish a formal structure for the Public Art Program.

5. Encourage art that is accomplished, and which maintains professional standards commensurate with the region’s national standing as a center for arts and culture.

The 5-Year Public Art Projects Plan has not been updated since its adoption in 2001.

Because the majority of the projects listed have not been completed and the landscape and demographics of the City have evolved over the last 20 years, it is imperative to update the plan, so the projects recommended reflect the wishes of the community before moving forward with the procurement and installation of any public art.  The existing Public Art Master Plan requires all public art projects, including temporary public arts projects, be defined in this plan.

In addition to the updates to the 5-Year Project Plan, the consultant will review and recommend and necessary changes to the procurement and maintenance procedures to ensure that the City is using the best industry practices for the procurement and maintenance of public art. The consultant will also make recommendations for the administration of the Public Art Master Plan.

In September 2022, staff issued a Request for Proposals (RFP) for consultant services for the update of the Public Art Master Plan.  The City received one (1) proposal from Gail M. Goldman Associates with Art Builds Community. Staff from the City Manager’s Office and Community Development reviewed the proposal and interviewed potential project staff from Gail M. Goldman Associates with Art Builds Community. Staff determined the firm was well qualified to provide the requested scope of work. After negotiations with the consultant, a not-to-exceed cost of $85,000 was agreed upon.

Use of the restricted Art in Public Places Fund is available for the Public Art Master Plan update and related costs, and may also be used to implement projects identified in the Public Art Master Plan. The fees collected for the Art in Public Places fund may not be used for any other purpose.

FISCAL IMPACT
There is no impact to the operational budget. Staff requests authorization to amend the 2022-2024 Biennial Budget and Capital Improvement Plan to appropriate $85,000 from the Art in Public Places Fund to fund this agreement.

REVIEW AND APPROVAL
Prepared by - Roya Gonzalez, Administrative Analyst
Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Packet Page 242
Attachments
Resolution
Contractual Service Agreement
Public Art Master Plan
Presentation
Packet Page 243
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACTUAL SERVICES AGREEMENT
WITH GAIL M. GOLDMAN ASSOCIATES AND
AUTHORIZING AN AMENDMENT OF THE 2022-2024

BIENNIAL BUDGET AND CAPITAL IMPROVEMENT PLAN

TO PROVIDE FUNDING FOR THE PUBLIC ART MASTER

PLAN UPDATE
WHEREAS, City Council established an Art in Public Places Fund in 1992 for new construction to contribute to the creation of art in public places and private development in a manner that will offset the impacts of the urbanized society; and WHEREAS, City Council approved a Public Art Master Plan in 2001 to enhance the City of Newark’s visual and cultural environment with the provision of art in publicly visible areas; and
WHEREAS, the Public Art Master Plan has not been updated since its adoption; and WHEREAS, staff issued a Request for Proposal (RFP) for consultant services for an update to the Public Art Master Plan; and
WHEREAS, the City received one (1) responsive submittal to the RFP; and WHEREAS, based on staff’s evaluation, Gail M. Goldman Associates was determined to be a qualified firm for the Project; and
WHEREAS, Gail M. Goldman Associates’ costs associated with this Project are not-toexceed $85,000; and WHEREAS, staff recommends amending the 2022-2024 Biennial Budget and Capital Improvement Plan appropriating $85,000 from the Art and Public Places Fund (626) to provide funding for the Public Art Master Plan Update.

NOW THEREFORE, BE IT RESOLVED that the City Council herby authorizes the City Manager to execute the Contractual Services Agreement, attached hereto, in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby authorizes an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan by appropriating $85,000 as follows:

FROM:

Description Account Amount
Art in Public Places Fund Balance 626.3000 $85,000
Packet Page 244
TO:

Description Account Amount
Art in Public Places Contractual Services 626.20.020.200.6221$85,000 Packet Page 245
CSA 8/2019 -1-

CONTRACTUAL SERVICES AGREEMENT

CONSULTANTS
This Service Agreement (hereinafter “Agreement”) is made and entered into this day of NOVEMBER, 2022 by and between the CITY OF NEWARK, a municipal corporation (“City”), and GAIL M. GOLDMAN, a Limited Liability Company (“Consultant”), collectively the “Parties”.

W I T N E S S E T H:

WHEREAS, City requested proposals to perform the services generally including: an update to the Public Art Master Plan.

WHEREAS, in response to City’s request, Consultant submitted a proposal and, after negotiations, Consultant agreed to perform the Services more particularly described in Exhibit “A” (“Services”), in return for the compensation described in this Agreement and Exhibit “B”.

WHEREAS, in reliance upon Consultant’s documentation of its qualifications, as set forth in Exhibit “C”, City finds that Consultant has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested Services.

NOW, THEREFORE, the Parties hereto agree as follows:

1. CONSULTANT’S SERVICES. Consultant shall perform Services described, and in the time, place, and manner specified in Exhibit “A” in accordance with the terms and conditions of this Agreement. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit “A”, the Agreement shall control.

2. TIME FOR PERFORMANCE. Time is of the essence in the performance of Services under this Agreement and Consultant shall generally adhere to the schedule set forth in Exhibit “A”; provided, that City shall grant reasonable extensions of time for the performance of such Services occasioned by governmental reviews of Consultant’s work product or other unavoidable delays occasioned by circumstances, provided, further, that such unavoidable delays shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to Consultant.

Consultant acknowledges the importance to City of City’s performance schedule and agrees to put forth its best professional efforts to perform its Services under this Agreement in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound professional practices.

3. COMPENSATION.

Packet Page 246
CSA 8/2019 -2-
A. “Not to Exceed” Compensation. City shall compensate Consultant for all Services performed by Consultant hereunder in an amount based upon Consultant’s hourly or other rates set forth in Exhibit “B”. The payments specified in Exhibit “B” shall be the only payments to be made to Consultant for Services rendered pursuant to this Agreement.

Notwithstanding the foregoing, the combined total of compensation and costs payable hereunder shall not exceed the sum of eight-five thousand and No/100 Dollars ($85,000.00) unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by City, evidenced in writing authorizing such additional amount.

B. Method of Billing. To request payment, Consultant shall submit monthly invoices to City identifying Services performed and the charges therefore (including an identification of personnel who performed Services, hours worked, hourly rates, and reimbursable expenses), based upon Consultant’s billing rates (set forth on Exhibit “B” hereto).

Consultant shall submit all billings for said Services to City in the manner specified in Exhibit “B”; or, if no manner is specified in Exhibit “B”, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City.

Invoices shall be sent to:

City of Newark
Attn: Roya Gonzalez
37101 Newark Blvd.

Newark, CA 94560
Upon completion of Services, City shall sign off and acknowledge that all terms and conditions have been satisfactorily met; upon which, unless waived by City in writing, Consultant shall prepare an itemized statement, briefly describing by task and/or labor category the items billed.

C. Payment. Upon receipt of an invoice, City shall make payments to Consultant on a monthly basis, or at such other times as may be specified in Exhibit “B”, for Services, which are performed in accordance with this Agreement to the satisfaction of City.

D. Consultant’s Failure to Perform. In the event that Consultant performs Services that do not comply with the requirements of this Agreement, Consultant shall, upon receipt of written notice from City, re-perform the services (without additional compensation to Consultant). If Consultant’s failure to perform in accordance with this Agreement causes damages to City, Consultant shall reimburse City for the damages incurred (which may be charged as an offset to Consultant’s payment).

4. ADDITIONAL SERVICES. In the event City desires the performance of additional services not otherwise included within Services, such services shall be authorized by written task order approved in advance of the performance thereof. Such task order shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefore, the time of performance thereof, and such Packet Page 247
CSA 8/2019 -3-
other matters as the Parties deem appropriate for the accomplishment of such services. Except to the extent modified by a task order, all other terms and conditions of this Agreement shall be deemed incorporated in each such task order.

5. INDEPENDENT CONSULTANT. At all times during the term of this Agreement, Consultant shall be, and is an independent consultant and shall not be an employee or agent of City. Consultant shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s Services; however, City shall not have the right to control the means by which Consultant accomplishes Services rendered pursuant to this Agreement.

Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

6. PERSONNEL. Consultant understands that, in entering into this Agreement, City has relied upon Consultant’s ability to perform in accordance with its representations regarding the qualifications of Consultant, including the qualifications of its Authorized Representative, its designated personnel, and its Subconsultants, if any, identified in Exhibit “C”. Therefore, Consultant shall not replace its Authorized Representative, or any of the designated personnel or Subconsultants identified in Exhibit “C”, without the prior written consent of City. All Services shall be performed by, or under, the direct supervision of Consultant’s Authorized Representative.

Consultant agrees to include with all Subconsultants in their subcontract the same requirements and provisions of this Agreement including the indemnity and Insurance requirements to the extent they apply to the scope of the Subconsultant’s work. Subconsultants hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subconsultant further agrees to include these same provisions with any Sub-subconsultant. A copy of this Agreement’s Indemnity and Insurance provisions will be furnished to the Subconsultant upon request. The Consultant shall require all Sub-subconsultants to provide a valid certificate of insurance and the required endorsements included in this Agreement prior to commencement of any Services and will provide proof of compliance to the City.

In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any of Consultant’s designated personnel or Subconsultants, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.

7. RESERVED.

8. INFORMATION AND DOCUMENTATION.

A. Information from City. City has made an effort to provide Consultant with all information necessary for Consultant’s performance of Services. If Consultant believes additional information is required, Consultant shall promptly notify City and City will provide to Consultant all relevant non-privileged information in City’s possession.

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CSA 8/2019 -4-
B. Consultant’s Accounting Records. Consultant shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four (4) years. Consultant’s accounting records shall include, at a minimum, all documents which support Consultant’s costs and expenses related to this Agreement, including personnel, subconsultants’ invoices and payments, and reimbursable expenses. Consultant’s accounting records shall be made available to City within a reasonable time after City’s request, during normal business hours.

C. Ownership of Work Product. All original documents prepared by Consultant (including its employees and subconsultants) for this Agreement (“Work Product”), whether complete or in progress, are the property of City and shall be given to City at the completion of Consultant’s Services, or upon demand of City. Consultant shall have a right to make and keep copies of the Work Product except for any confidential information. Consultant shall not reveal the Work Product in progress without prior consent of City.

9. CONFLICTS OF INTEREST PROHIBITED. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. Consultant shall comply with all requirements of the Political Reform Act (California Government Code Section 81000, et seq.) and other laws relating to conflicts of interest, including: (a) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant’s economic interest, and (b) if required by law, Consultant shall file financial disclosure forms with the City Clerk. If Consultant maintains or acquires a conflicting interest, any contract with City (including this Agreement) involving Consultant’s conflicting interest may be terminated by City.

10. NONDISCRIMINATION. Consultant shall comply with all applicable federal, state, and local laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated in this Agreement. Consultant shall not discriminate against any employee or applicant because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, sex, age, or any other basis, as defined in California Civil Code Section 51.

11. COMPLIANCE WITH LAW AND STANDARD OF CARE. Consultant shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement.

Consultant shall perform Services using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to Consultant, performing under circumstances similar to those required by this Agreement.

12. RESERVED.

13. RESERVED.

14. INSURANCE. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may Packet Page 249
CSA 8/2019 -5-
arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, subconsultants, or employees.

A. Verification of Coverage.

Consultant shall furnish City with original certificates of insurance and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences.

Proof of Insurance shall be mailed to the following address or any subsequent address as may be directed in writing by the City Risk Manager:

CITY OF NEWARK
Attn: Risk Manager
37101 Newark Boulevard
Newark, CA 94560
City reserves the right to require and obtain complete, certified copies of all required insurance policies and endorsements at any time. Failure to exercise this right at any time shall not constitute a waiver of right to exercise later. Consultant shall immediately furnish City with certificates of renewal for each policy that is renewed during the term of this Agreement.

B. Minimum Scope of Insurance.

Coverage shall be at least as broad as:

1. Insurance Services Office Form Number CG 00 01covering Commercial General Liability on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal and advertising injury; and

2. Insurance Services Office Form Number CA 00 01 covering Code 1, (any auto), or Code 8 (hired) and Code 9 (non-owned) if consultant has no owned autos; and

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance; and
C. Minimum Limits of Insurance.

It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the Packet Page 250
CSA 8/2019 -6-
broader coverage and maximum limits of coverage of and Insurance policy or proceeds available to the named Insured; whichever is greater.

Consultant shall maintain limits no less than:

1. General Liability:
(including products and
completed operations,
property damage, bodily
injury, and personal and
advertising injury)
$2,000,000 per occurrence for
bodily injury, personal injury, and
property damage. If a general
aggregate limit applies, either the
general aggregate limit shall apply
separately to this project/location or
the general aggregate limit shall be
twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

4. Errors and Omissions
Liability:
$1,000,000 per occurrence or
claim; $2,000,000 aggregate.

D. Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by the City Risk Manager. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its officers, officials, directors, employees, contractors, agents, and volunteers, or (2) Consultant shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses in an amount specified by the City Risk Manager or designee.

E. Claims Made Policies.

For all “claims made” coverage, in the event that Consultant changes insurance carriers Consultant shall purchase “tail” coverage or otherwise provide for continuous coverage covering the Term of this Agreement and not less than five (5) years thereafter. Proof of such “tail” or other continuous coverage shall be required at any time that the Consultant changes to a new carrier.

F. Wasting Policies.

No policy required by this paragraph 14 shall include a “wasting” policy limit (ie. limit that is eroded by the cost of defense).

G. Remedies.

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In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

2. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or

3. Terminate this Agreement.

H. Acceptability of Insurers.

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City Risk Manager. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.

I. Other Insurance Provisions.

The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insureds. City, its officers, officials, directors, employees and volunteers (“Additional Insureds”) are to be covered as insureds with respect to liability arising out of work or operations performed by or on behalf of Consultant; including materials, parts or equipment furnished in connection with such work or operations.

2. Primary Coverage. For any claims related to Services, Consultant’s insurance coverage shall be primary insurance as respects City, its officers, officials, directors, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, directors, employees, or volunteers shall be excess of Consultant’s insurance and shall not be contribute with it. Consultant’s policy will not seek contribution from the City’s insurance or self-insurance.

3. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled during the term of this Agreement without notice to City.

4. Civil Code § 2782. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.

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5. Deductibles and Self-Insured Retentions (SIR). All deductibles and self-insured retentions must be disclosed to the City Risk Manager for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

6. Subconsultants. Consultant shall include all subconsultants as insureds under its policies or shall require and verify separate certificates and endorsements have been obtained for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein.

7. Waiver of Subrogation. With respect to Workers’ Compensation and Employer’s Liability Coverage, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, directors, employees, and volunteers for losses arising from work performed by Consultant for City.

8. Coverage is Material Element. Maintenance of proper insurance coverage in conformity with the provision of this paragraph 14 is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of coverage or renewal may be treated by City as a material breach of this Agreement.

9. Variation. The City Risk Manager may approve a variation in these insurance requirements upon a determination that the coverage, scope, limits, and form of such insurance are either not commercially available or that City’s interests are otherwise fully protected. Any variation granted shall be done in writing and shall be made a part of this Agreement as Appendix “A”.

15. REPORTING DAMAGES. If any damage (including but not limited to death, personal injury or property damage) occurs in connection with the performance of this Agreement, Consultant shall immediately notify the City Risk Manager’s office by telephone at 510-578-4428, and Consultant shall promptly submit to the City’s Risk Manager and the City’s Administrator (see paragraph 19, herein below) a written report (in a form acceptable to City) with the following information: (a) name(s) and address(es) of the injured or deceased person(s), (b) name(s) and address(es) of witnesses, (c) name(s) and address(es) of Consultant’s insurance company(ies), and (d) a detailed description of the damage(s) and whether any City property was involved.

16. INDEMNIFICATION/SAVE HARMLESS. To the fullest extent permitted by law, the Consultant shall: (1) immediately defend, and (2) indemnify City, its, officers, officials, directors, employees, and volunteers from and against all liabilities regardless of nature or type arising out of or resulting from Consultant’s performance of Services, or any negligent or wrongful act or omission of Consultant or Consultant’s officers, employees, agents, or subconsultants.

Liabilities subject to the duties to defend and indemnify include, without limitation all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Consultant’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified party.

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In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement 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 City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant 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.

The duty to defend is a separate and distinct obligation from Consultant’s duty to indemnify. Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by City immediately upon tender to Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established.

An allegation or determination of comparative active negligence or willful misconduct by an indemnified party does not relieve the Consultant from its separate and distinct obligation to defend City. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an indemnified party, Consultant may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs.

The review, acceptance or approval of Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This paragraph survives completion of Services or the termination of this contract.

The provisions of this paragraph are not limited by and do not affect the provisions of this contract relating to insurance.

Consultant/Subconsultant’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

17. LICENSES, PERMITS, ETC. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. In addition to the foregoing, Consultant shall obtain and maintain during the term hereof a valid City of Newark Business License.

18. TERM/TERMINATION.

A. The term of this Agreement shall commence upon the date first hereinabove written and shall expire upon completion of performance of Services hereunder by Consultant.

B. Notwithstanding the provisions of paragraph 18 Section A above, City may terminate this Agreement at any time and without cause upon written notification to Consultant.

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Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of such termination, City shall compensate Consultant for Services rendered and reimburse Consultant for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3.

In ascertaining the Services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of City to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to City hereunder.

19. CONTRACT ADMINISTRATION. This Agreement shall be administered by ROYA GONZALEZ, ADMINSTRATIVE ANALYST of the City of Newark (“Administrator”). All correspondence shall be directed to or through the Administrator or his/her designee.

20. NOTICES. Written notices required or convenient hereunder shall be delivered personally or by depositing the same with the United States Postal Service, first class (or equivalent) postage prepaid and addressed, in the case of Consultant, to:

GAIL M. GOLDMAN ASSOCIATES CITY OF NEWARK
GAIL M. GOLDMAN ROYA GONZALEZ
Consultant Administrator
Address: 7660 FAY AVENUE

SUITE H
PMB 330
LA JOLLA, CA 92037
City of Newark
Attn: Roya Gonzalez
37101 Newark Boulevard
Newark, CA 94560

21. PARAGRAPH HEADINGS. Paragraph headings used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning thereof.

22. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

23. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the Parties’ intent under this Agreement.

24. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.

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25. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

26. ASSIGNABILITY. Neither Consultant nor City shall subconsult, assign, sell, mortgage, hypothecate, or otherwise transfer their respective interests or obligations in this Agreement without the express prior written consent of the non-transferring party.

27. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

28. WAIVERS. Waiver of breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

29. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the Parties concerning the Services. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

30. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Consultant and City. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

31. COVENANT AGAINST CONTINGENT FEES. Consultant hereby warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, at City’s discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF NEWARK, GAIL M. GOLDMAN ASSOCIATES,
a municipal corporation a Limited Liability Company
By By
City of Newark Consultant
Date Date
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Printed Name
Attest:

City Clerk
Date
Approved as to form:

City Attorney
Date
Packet Page 257
1 CITY OF NEWARK, CA

PUBLIC ART MASTER PLAN UPDATE
Gail M. Goldman Associates and Art Builds Community
October 26, 2022
UPDATED SCOPE OF WORK, SCHEDULE, AND COSTS NTE $85,000
NOTE: The following steps may be concurrent and all are interrelated. The range in the proposed timeline acknowledges the capacity of the consultant team to complete the proposed scope of work, augmented by an estimated amount of time the City of Newark may need to review and respond to the consultant team deliverables. The estimated project costs are inclusive of travel, materials, graphic design, and overhead.

A. Project Initiation and Research
NTE $16,000
• Meet with City Manager’s Office to refine scope of work, �meline, and outreach strategies.
• Meet with appropriate City departments to discuss their vision and goals for public art, City protocols, and organiza�onal structure among other topics. • Assess Newark’s exis�ng public art.
• Review the 2001 Public Art Master Plan and other community and urban design plans, and policies and procedures related to placement of art on City and private property. • In consulta�on with City staff, iden�fy and invite poten�al PAMP Steering Commitee members to par�cipate in the planning process.
• Develop community outreach strategy.
• Make presenta�ons to City Manager’s Office, PAMP Steering Commitee, and City Council members as appropriate.

Deliverable: Work Plan including timeline; draft statement of goals and objectives, and refined outreach strategy.

Timeframe: 8-10 weeks
B. Community Outreach and Public Participation
NTE $39,000
Needed from the City: Introductions to City staff, policy makers, and other key stakeholders; assistance in securing venues and equipment for interviews, focus group meetings, and outreach activities; and media support for public notifications and updates.

EXHIBIT A
Packet Page 258
2 • Interview select internal City department staff to iden�fy opportuni�es for including art in City projects and in private development.
• Interview up to 10 key stakeholders to hear their ideas about how art can enhance Newark’s public realm.
• Conduct 3-4 PAMP Steering Commitee mee�ngs to explore public art goals and opportuni�es.
• Conduct up to eight focus group mee�ngs to discuss public art goals and opportuni�es, including ar�sts, arts organiza�ons, business owners/tenants, youth, neighborhood associa�ons, educators, and historians among others.
• Conduct several ac�vity-based community outreach events to solicit community input on public art, including ar�st-led community engagement, social media campaign, and online survey, among others.

Deliverable: Written summary of emerging themes, draft goals and objectives, and draft recommendations.

Timeframe: 16-20 weeks
C. Development of Dra� and Final Public Art Master Plan Update NTE $30,000
• Based on feedback received, develop dra� public art plan that includes:
o Goals and Objectives.
o Poten�al public art loca�ons and opportuni�es.
o Updated five-year Ac�on Plan including priority projects, implementa�on strategies, sites, budgets, and appropriate types of artwork.
o Updated administra�ve guidelines and procedures, including ar�st and artwork selec�on and approval processes.
o Update of policies and procedures.
o City funding strategies and staffing needs.
o Partnership and external funding opportunities.
• Review dra� plan with City staff and PAMP Steering Commitee. • Present dra� plan to City Council for input.
• Revise dra� plan based on feedback.
• Present revised plan for approval by City Council.

Deliverable: Draft and final plans.

Timeframe: 16-22 weeks
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EXHIBIT B

PAYMENT
The Consultant team will bill on a monthly basis, based of the percent of each task completed for an amount to exceed $85,000.

Task A: Project Initiation and Research $16,000
Task B: Community Outreach and Public Participations $39,000 Task C: Development of Draft and Final Public Art Master Plan Update $30,000 Total Compensation not-to-exceed: $85,000
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B. Key Personnel
Gail Goldman is a consultant specializing in public art planning, policy development, and project management for government agencies, non-profit organiza�ons, and private developers. On a na�onal, state, and regional level, Goldman has conducted 30 city, county, and transporta�on-related public art master plans that include policy and legisla�ve analysis, development of administra�ve guidelines, iden�fica�on of artwork loca�ons and project goals, ar�st selec�on methodology, project implementa�on, and community engagement.

In addi�on, Goldman provides expert services in project management for a variety of public art and community engagement ini�a�ves in the public and private sectors. These range from the extensive art collec�on at The County of San Diego Opera�ons Center, mul�ple artworks integrated into the Southwest Terminal at Oakland Interna�onal Airport, and, in partnership with Elwood & Associates, the planning and ar�st selec�on for the 298-acre Los Angeles Sports and Entertainment District in Inglewood, CA that houses SoFi Stadium.

Prior to establishing Gail M. Goldman Associates in June 2000, Goldman was the founding director of the Public Art Program for the City of San Diego and the director of the Art in Public Places Program for the State of Colorado. She began her career in the Design Program at the Na�onal Endowment for the Arts in Washington, DC.

Goldman co-founded the Public Art Network (PAN) in Washington, DC, and served as a member of the inaugural PAN Council. She helped establish the Na�onal Task Force on Public Art for the Na�onal Assembly of Local Arts Agencies (now Americans for the Arts) and served as its first chair. She is the founder and past chair of the Public Art Coali�on of Southern California (PAC/SoCal) and recently helped establish Public Art Exchange, a na�onal cohort of ar�sts, designers, and public art professionals.

Barbara Goldstein is the founder of Art Build Community, a consul�ng firm that focuses on crea�ve placemaking and public art planning. She is the former Public Art Director for the City of San Jose Office of Cultural Affairs and editor of Public Art by the Book, a primer published by Americans for the Arts and the University of Washington Press. Goldstein has directed the public art programs in Seatle and Los Angeles, worked as a cultural planner, architectural and art cri�c, editor, and publisher. She has lectured and par�cipated in workshops on public art in the United States, Japan, China, Taiwan, Korea, Canada the Netherlands and Abu Dhabi. She is past chair of the Public Art Network for Americans for the Arts.

Goldstein has consulted with ci�es, developers and public agencies including Bay Area Rapid Transit (BART); Chatanooga, TN; Fort Worth, TX; Glendale, CA; Palo Alto CA; Orlando, FL; Pasadena, CA; Gail Goldman will lead the City of Newark public
art master plan team, serving as Project Manager
and key contact.

Barbara Goldstein will be primarily responsible
for developing key themes, organizational
structure, and funding strategies.
6 EXHIBIT C
Packet Page 261
Pitsburgh, PA; Charlote, NC; Las Vegas, NV; Belmont, CA, Livermore, CA, Contra Costa County, and San Jose, CA. In 2013, she led a series of webinars en�tled Crea�ve Placemaking and Public Art for Americans for the Arts.

Goldstein has writen extensively about public art and architecture and was editor and publisher of Arts + Architecture magazine from 1980 to 1985. She has served on the Board of Directors for ArtSpace and Friends of the Schindler House and the Advisory Board for Forecast Public Art. She was a former board chair for ZERO1: The Art and Technology Network and currently serves as a Board member of MACLA, Movimiento de Arte y Cultural La�no Americana. In 2015 Goldstein was a Fellow in Stanford University’s Dis�nguished Careers Ins�tute where she also served as Scholar in Residence for the School of Chemical and Systems Biology.

Amanda Rawson has par�cipated in the cultural art sector for more than ten years. She joined Art Builds Community in 2019. She has worked as the Major Gi�s Officer for the San Jose Museum of Art and the Donor and External Rela�ons Manager at the San Jose Museum Quilts & Tex�les. Rawson’s background in art history, development, and program management enables her to create space to bring community together. She is a 2017 Fellow of the Emerging Arts Professionals Bay Area, recent chair of genArts Silicon Valley, served on the boards for Local Color in San Jose and the Triton Museum of Art in Santa Clara and is a core founder of the local arts advocacy group San Jose Arts Advocates. She is currently a member of the Exhibi�on and Collec�ons Commitees at the San Jose Museum of Quilts and Tex�les.

Quynh-Mai Nguyen is a social prac�ce ar�st, poet, musician, curator, community organizer, and event producer leading projects that focus on storytelling and building cultural awareness around the narra�ves of women, people of color, and underrepresented minority groups. In 2018, KQED Arts Bay Brilliant named her one of 10 recognized movement builders for the arts and culture in the Bay Area.

She was honored as San Jose’s 8 80 Emerging City Champion, a na�onal leadership network of civic community changemakers make a difference in their hometown.

Quynh-Mai has worked as execu�ve event producer for Sonido Clash Music Fest, All-Womxn's Showcase, art director and graphic designer for Kooltura Marke�ng, producer and marke�ng consultant for SV De-Bug, and web/graphic designer for the County of Santa Clara Office of LGBTQ Affairs. She produces in�mate to large-scale cultural arts and music events and art exhibi�ons that nurture emerging ar�sts and showcase their work in public spaces such as local businesses, coffeeshops, and cultural venues. She also is an alumnus to the Mul�cultural Arts Leadership Ins�tute, a leadership network and program for ar�sts and arts administrators of color.

Quynh-Mai Nguyen will be primarily responsible for
community outreach and managing the marke�ng,
social media, and outreach efforts.

Amanda Rawson will be primarily responsible for
communica�ons and iden�fying and assessing
poten�al loca�ons and opportuni�es for workshops
and popup events.

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GAIL M. GOLDMAN ASSOCIATES, LLC
Principal (July 2000 – Present)
Expert consultation with public agencies and private developers throughout the United States and Canada in public art planning, policy development, and project implementation. Researched area history, conducted four community workshops

PUBLIC ART MASTER PLANNING
Long-term public art strategic master plans that identify potential permanent, temporary, and performative sites, opportunities, and goals for public artwork; detail operational and funding strategies; address maintenance, community engagement and education; identify sustainable staffing and funding mechanisms; define artist and artwork selection methods and criteria; establish systems, procedures, and policies that support public art efforts with both internal and external partners; address potential community partnerships and funding partners. A partial list of clients appears below.

MUNICIPALITIES
• South San Francisco, Current
 Santa Monica, 2019
 Chattanooga, 2019
 Palmdale, 2019
 Richmond, VA, 2018
 Palo Alto, 2016
 Oklahoma City, 2015
 Claremont, CA, 2014
 West Hollywood, CA, 2011
 Calgary, Alberta, 2009
 San Antonio, 2007
 Pasadena, CA, 2007
 Chapel Hill, NC, 2006

TRANSPORTATION
 Austin-Bergstrom International Airport, 2018
 San Diego International Airport, 2012
 Los Angeles Metro Gold Line, 2009
 San Jose International Airport, 2004
 Port of Oakland, 2002

AREA SPECIFIC PROJECT PLANS
Project-specific master plans that identify opportunities, site issues, and criteria for artist selection and placement of public art. A partial list of clients appears below.  County of San Diego Operations Center, 2014
Subconsultant to Lowe Enterprises Real Estate
 San Diego Horton Plaza, 2012
 Centre City Downtown Neighborhood Design Guidelines, San Diego, 2009 Subconsultant to Perkins + Will
 Measure DD: Lake Merritt, Channel, and Oakland Estuary, CA, 2005 and 2007  Three Rivers Park, Pittsburgh, 2005
 Town Lake Park, Austin, TX, 2002
 Horton Plaza Improvement Project, San Diego, 2012
Subconsultant to Walker-Macy
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COMPREHENSIVE PROJECT PLANNING & IMPLEMENTATION
A comprehensive public art planning process involving regular meetings with the developer, officials, staff, community residents, and other multiple project stakeholders to tailor a public art program to the specific needs and requirements of the client and users. Includes review and analysis of architectural and landscape plans, siting and scripting of art opportunities, determination of artwork project budget, and criteria for artist selection.

Project Implementation includes identification and solicitation of qualified artists, contract preparation, oversight of the design, fabrication, and installation of site-specific artwork, coordination with the project design team and contractors, and organization of media information.

Los Angeles Stadium and Entertainment District (Lased) At Hollywood Park, 2018-2021 Kroenke Sports & Entertainment (KSE)
 Responsible for the creation of a comprehensive campus-wide public art plan and subsequent project implementation for the $5B, 298-acre, multi-phase, multi-purpose development in Inglewood, CA that is transforming the site of the former Hollywood Park Racetrack. Project elements include, but are not limited to, a new 70,200-seat Rams and Chargers Stadium, 6,000-seat indoor performance venue, 12- acre central park with a 7.5-acre lake, retail, residential, hotels, offices, retail, and NFL Media Headquarters.
 The $38M public art budget complies with the City of Inglewood’s percent for art in private development ordinance. In partnership with Elwood & Associates, accountable for commissioning artwork for the outdoor public areas and indoor performance venue with an emphasis on global and Inglewood-based artists. Includes oversight of a Curatorial Advisory Committee and studio visits with 46 Inglewood-based artists.

County of San Diego Operations Center, 2009-2012
Lowe Enterprises Real Estate
 Developed and implemented a comprehensive public art project plan for the new 47-acre administration center in Kearny Mesa. The $1.8M public art collection includes 25 two- and threedimensional commissioned artworks.

ARTIST SELECTION & PROJECT MANAGEMENT
Artist selection, contract negotiations, and oversight of the design, fabrication, and installation of sitespecific artwork integrated into the building construction. Includes close collaboration with project designers, engineers, construction contractors, and community stakeholders. A partial list of clients appears below.

PRIVATE DEVELOPMENT
 Pierpoint Management, Carte Hotel, San Diego, 2019
 Cape Point Development, One South Mixed-Use, Redondo Beach, CA, 2019  Target Corporation, Mini-Target Store, San Diego, 2018  Burbank-Glendale-Pasadena Airport Authority, Hollywood Burbank Airport, 2018  Marriott International, Westin Hotel Horton Plaza, San Diego, 2012  Narven Enterprises, Hilton Garden Inn and Homewood Suites, San Diego, 2011 Packet Page 9 264

TRANSPORTATION
 Oakland International Airport, CA, 2004

THE COUNTY OF SAN DIEGO
 Lakeside Branch Library (current)
 Ohio Street Probation Building (current)
 Sherriff Technology and Information Center, San Diego, 2020  East County Assessor/Recorder/City Clerk, Santee, 2020  Crime Lab, San Diego, San Diego, 2018
 North Coastal Health and Human Services Agency, Oceanside, 2018  Health and Human Services Agency, San Diego, 2016
 County Administration Building, San Diego, 2016
 Cedar/Kettner Parking Garage, San Diego, 2015
 Waterfront Park, San Diego, 2014
 Registrar of Voters, San Diego, 2013

CITY OF SAN DIEGO COMMISSION FOR ARTS AND CULTURE
Public Art Director (1989-2000)
Developed and implemented a pioneering City Council policy that promotes artist involvement at the inception of City-funded design and building projects; directed the public art process for 46 construction projects, resulting in 99 public artworks commissioned for $5.5 million.

COLORADO COUNCIL ON THE ARTS AND HUMANITIES, Denver
Director, Art in Public Places and Individual Artist Programs (1982-1989) NATIONAL ENDOWMENT FOR THE ARTS, Washington, D.C.

Program Officer, Design Arts Program (1977-1982)

PROFESSIONAL AFFILIATIONS
 Member, Americans for the Arts
 Board Member, Art Produce, 2015-2021
 Curator, 2011 Public Art Year in Review by reviewing 439 public art project submissions from throughout North America and Europe and selecting 47 for presentation to the 2011 Americans for the Arts Annual Convention; with artists Richard Turner and Kendall Henry.  Co-Founder (2000), Public Art Network, Americans for the Arts, Washington, D.C.  Founder (1995), Public Art Coalition of Southern California Packet Page 10 265

BARBARA GOLDSTEIN
Consulting
B City of South San Francisco, CA 2021- Present
Developing a public art plan in collaboration with Gail M. Goldman Associates, including program and project recommendations, guidelines and ordinance recommendations.

Santa Clara County Office of Women’s Policy, 2020 to Present Developing a project entitled Womanhood that is employing public art to honor women from all identities, generations and backgrounds, who have contributed to the region and beyond.

City of Livermore, CA 2021-22
Developed a comprehensive arts plan for the City of Livermore in collaboration with Cusick Consulting, including recommendations for public art, facilities and services, and a toolkit outlining model programs to achieve equity and diversity in funding program.

ART Berryessa and North First Street Urban Village Plans, San Jose, CA, 2019-21 Worked as public art sub-consultant to SOM and the City of San Jose on the development of two Urban Village Plans.

Vietnamese American Service Center, San Jose, CA, 2019-22 Conducted community engagement and commissioning public art for Vietnamese American Service Center.

City of Chattanooga, 2018-19
Created a public art plan for City of Chattanooga, TN, in collaboration with Gail Goldman Associates, including identification of public art opportunities, funding and partnership strategies, and development of opportunities for permanent and changing artwork.

Bay Area Rapid Transit (BART), 2017 to Present
Creating a public art and cultural plan for Bay Area Rapid Transit, including identification of public art opportunities, cultural asset mapping, funding and partnership strategies, and development of opportunities for permanent and changing artwork.

City of Glendale, CA 2017-2018
Worked with Community Arts Resources to create an Urban Art Program for Glendale, including employing innovative web-based mapping as an outreach tool.

Arts Council of Fort Worth and Tarrant County, 2016-2017 Partnered with Cusick Consulting and ACT UNITED artists to update public art master plan that we wrote in 2002.

Creative Village Public Art Guidelines
Developed public art framework for Creative Village, a 70-acre public private partnership that includes mixedincome housing, office space for knowledge-based industry, retail, parks, transit and downtown campuses for Valencia College and University of Central Florida.

University of Central Florida, Orlando, 2015-16
Creating public art master plan for UCF including recommendations for the inclusion of art in the University’s planned Downtown Creative Village.

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City of Palo Alto, CA 2015 -16
Partnered with Gail M. Goldman Associates to create public art master plan for City of Palo Alto including vision, implementation plan, policies and procedures.

City of Morgan Hill, CA 2014
Facilitated Creative Placemaking symposium, a Park(ing) Day project, grant writing, integration of artwork into a new parking structure and awards of 10 art projects for a Creative Placemaking mini-grant program that will be integrated in the city’s Downtown Placemaking Investment Strategy.

Charlotte Center City Partners 2013-14
Provided consulting services for public art element of Charlotte Rail/Trail project and assisted Charlotte Center City Partners in securing $412,000 grant from ArtPlace America City of Las Vegas: 2013
Completed 5-year Public Art Master Plan for the City of Las Vegas including development of new guidelines, procedures and financial mechanisms.

Americans for the Arts 2013
Organized and hosted a seven session webinar series on Creative Placemaking and Public Art City of Pittsburgh, PA: 2012-2014
Developed ARTSPGH, the public art element of Pittsburgh PA’s Comprehensive Plan in collaboration with Urban Design Associates who are developing DESIGNPGH.

City of Pasadena: 2010 -2018
Developed Public Art Plan and implementation strategies for City of Pasadena City of Los Angeles, Cultural Affairs Department: January 1989-October 1993 Coordinated and implemented City's Cultural Master Plan, arts ordinances, public art program development and Commission design review processes.

Other Professional Experience
Director, Public Art Program
City of San José Office of Cultural Affairs, October 2004 to January 2013 Directed planning, budgeting, advocacy, policy development and implementation of the City of San José and San José Redevelopment Agency’s public art programs. Key projects included the $6 million plus Art + Technology Program at Mineta San Jose International Airport, site- integrated art in 24 new libraries, six community centers, Happy Hollow Park and Zoo, and art in private development for Adobe Systems and The 88 condominiums. As a result of this work, in 2011, San José Public Art was recognized as the first Program of the Year by Americans for the Arts.

Director, Public Art Program
City of Seattle Office of Arts & Cultural Affairs: October 1993- September 2004 Directed planning, budgeting, educational outreach, maintenance, programming and implementation of the Office of Arts & Cultural Affairs’ extensive sited public artworks, portable collection and development of the annual Municipal Art Plan.

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Publisher/Editor-in-Chief
Arts and Architecture Magazine: 1981-85
Founded, published and edited award-winning, national non-profit (501[c]3) quarterly magazine on contemporary architecture and the arts.

Publications and Lectures
Magazine Editorial
Los Angeles Correspondent, Progressive Architecture, 1979-1989 Editor, LA Architect Newsletter, 1979-1988 Books
Contributor, Artists Reclaim the Commons, ISC Press, 2013 Editor/Author, Public Art by the Book, University of Washington Press, 2005 Editor/Author, Arts and Architecture, 1940-1962, The Entenza Years, MIT Press, 1990 and 1998 Editor, How the Arts Made a Difference, Hennessey & Ingalls, 1989
Magazines
Nieman Report, Architectural Design, RIBA Journal, Architectural Review, Building Design, Domus, Architectural Digest, Progressive Architecture, LA Architect, Arts and Architecture, Glass Art Journal, LA Herald Examiner Teaching
Associate Professor, USC, Fine Arts Department, Public Arts Program, 1993 Lecturer, Southern California Institute of Architecture, 1980
Lecturer, School of Environmental Design, California State Polytechnic University, Pomona, 1978 /Lecturer, University of Southern California, School of Architecture, 1978-79 Lectures, Workshops and Symposia
Cal State Long Beach, Netherlands Arts Council, Abu Dhabi Urban Planning Council, Arts Council of Korea, USIA Japan Tour, China National School of Art, Shanghai University School of Art, Creative Cities Conference (Canada), Winnipeg Arts Council, Americans for the Arts, College Art Association, PARTI (Los Angeles Public Art Conference), UCLA Extension, LACMA Contemporary Arts Council, Santa Monica Arts Commission, Association of Collegiate Schools of Architecture, American Craft Council, University of Nebraska School of Architecture, AIA Pasadena Chapter, Las Vegas Chapter and Los Angeles Chapters, Association of Women in Architecture, Pasadena Chapter, Architectural Association School of Architecture, CSU Fullerton, and others.

Honors
Leadership Award: Public Art Network, Americans for the Arts, 20016 Mayor’s Pride of San Jose Award, January 2007, for development of Employee Values Project Commendation, Seattle City Council, September 2004 for arts leadership Recognition Plaque, Los Angeles City Council, October 1993 for arts leadership Nominated for AIA/California Council Grant in Community Planning, June 1993 Certificate of Commendation, Los Angeles City Council, August 1992 for arts leadership Organizational Affiliations
Board Chair, ZERO1: The Art and Technology Network
Board Member, Movimiento de Arte y Cultura Latino Americana Public Art Network Council, Americans for the Arts, 2006 to 2011, Chair, 2010-11 Board of Directors, Artspace Projects, 2001 to 2005
National Advisory Board, Artspace Projects, Inc., 1992- 2001 Education
Fellow, Stanford University Distinguished Careers Institute, 2015 BFA, B Arch, Rhode Island School of Design European Honors Program, Rhode Island School of Design, Rome, Italy Packet Page 13 268

SELECTED EXPERIENCE
Womanhood
Research, Project Management,
Public Art Planning & Consul�ng
County of Santa Clara, CA
Vietnamese American Service
Center (VASC)
Research, Public Art Consul�ng &
Planning
County of Santa Clara, CA
Livermore Cultural Arts Vision
Public Art Plan
Project Management, Research,
Community Engagement, Public Art
Planning & Consul�ng,
Livermore, CA
Veggielu�on AgriCultural Roots
Project
Research, Community Engagement,
Public Art Planning & Consul�ng
San Jose, CA
Bay Area Rapid Transit (BART) Art
Master Plan
Research, Planning & Consul�ng
San Francisco, Bay Area
California Avenue District Public Art
Plan
Project Management, Research,
Community Engagement, Public Art
Planning & Consul�ng
Palo Alto, CA
City of Belmont Public Art Plan
Project Management, Research,
Community Engagement, Policy,
Public Art Planning & Consul�ng
Belmont, CA

EDUCATION
Bachelor of Arts in Art History
University of California, Berkeley

SELECTED AFFILIATIONS
Member, San Jose Arts Advocates,
2018 - Present
Secretary, Board of Directors,
Local Color, 2017 - 2021
Steering Commi�ee, genARTS
Silicon Valley, 2017 - 2021
Board of Directors, California
Associa�on of Museums,
2018 - 2019
SVO Leadership San Jose
Class of 2018
Emerging Arts Professionals,
San Francisco Bay Area,
Round VI, 2016

SELECTED TALKS
Interac�ng Mapping, Speaker, October
28, 2021, Interna�onal Associa�on for
Public Par�cipa�on, Virtual / Canada
Community Conversa�ons: Recognizing
Women through Public Art & Policy,
Speaker, July 29, 2021, NUMU, New
Museum Los Gatos, CA / Virtual
Ar�sts Honoring Women, Host, April
2021 - October 2021, Womanhood,
Santa Clara County, CA / Virtual
AMANDA RAWSON ( she | her )
PROJECT MANAGER + RESEARCH DIRECTOR
Amanda Rawson is an ac�ve par�cipant in public art and cultural work and believes the strength of a community derives from the art and culture experienced within it. She joined Barbara Goldstein & Associates, currently Art Builds Community, in 2019. Previously, Amanda worked as the Major Gi�s Officer for the San Jose Museum of Art and the Donor and External Rela�ons Manager at the San Jose Museum of Quilts & Tex�les. Rawson’s background in art history, development, and program management enables her to create spaces that bring together community. She is a 2017 Fellow of the Emerging Arts Professionals Bay Area with a focus on the topic Crea�ve City where she worked with her team to develop public engagement at poten�al BART sta�ons in Oakland. Amanda is an alum of The Silicon Valley Organiza�on’s Leadership San Jose program in 2018 and is a founding member of San Jose Arts Advocates.
[email protected] artbuildscommunity.com
408.598.9726
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EDUCATION
Bachelor of Science, Adver�sing, Crea�ve
Track, minor in Graphic Design, San Jose
State University
HONORS + AWARDS
Honorary Santa Clara County Poet
Laureate, December 2021
8 80 Emerging City Champion,
San Jose, CA, 2020 - 2021
KQED Arts Bay Brilliant, Bay Area, 2018

SELECTED AFFILIATIONS
Senior Fellow, Urbanism Class XL,
American Leadership Forum (ALF), San
Jose, CA, 2018
Member, AAPI Caucuas, ALF, San Jose, CA
Alumni Class 7, Mul�cultural Arts
Leadership Ins�tu�on (MALI), San Jose,
CA, 2014

SELECTED TALKS
Interac�ng Mapping, Speaker, October
28, 2021, Interna�onal Associa�on for
Public Par�cipa�on, Virtual / Canada
Community Conversa�ons: Recognizing
Women through Public Art & Policy,
Speaker, July 29, 2021, NUMU, New
Museum Los Gatos, CA / Virtual
MALI Art / Life Forum, Speaker, October
18, 2021, San Jose, CA
Connec�ng People Through Collec�ve
Ac�on, Speaker, March 7, 2020, Annual
Integrated Learning Conference, Arts in
Your Classroom, Montalvo Arts Center,
Saratoga, CA
QUYNH-MAI NGUYEN ( she | her | chi | em )
CREATIVE DIRECTOR + SOCIAL PRACTICE ARTIST
Quynh-Mai Nguyen is a mul�disciplinary social prac�ce ar�st, poet, musician, community organizer, and crea�ve producer. She has over 10 years of experience leading projects that focus on art-based storytelling and building cultural awareness around the narra�ves of women, AAPI, people of color, and other underrepresented groups. She believes that crea�ng access through art for people to determine their own narra�ves, preserve their culture, and create new cultural ar�facts to replace ones that have either been outdated, appropriated, or erased will ul�mately foster more thriving and equitable communi�es. In 2018, KQED Arts Bay Brilliant named her one of 10 recognized movement builders for arts and culture in the Bay Area.

She is a 2020 Emerging City Champion for San José and is also an alumni to the Mul�cultural Arts Leadership Ins�tute, a leadership network of ar�sts and arts administrators of color. She is also honored as Honorary Santa Clara County Poet Laureate for the month of December 2021.

SELECTED EXPERIENCE
Womanhood
Research, Crea�ve Direc�on, Public Art
Planning & Consul�ng, Social Prac�ce,
Community Engagement, Marke�ng
County of Santa Clara, CA
Vietnamese American Service
Center (VASC)
Community Engagement, Public Art
Consul�ng & Planning,
County of Santa Clara, CA
Livermore Cultural Arts Vision
Public Art Plan
Community Engagement, Marke�ng,
Public Art Planning & Consul�ng,
Livermore, CA
Veggielu�on AgriCultural
Roots Project
Research, Project Coordina�on,
Community Engagement, Public Art
Planning & Consul�ng
San Jose, CA
California Avenue District
Public Art Plan
Graphic Design, Community
Engagement, Public Art Planning &
Consul�ng
Palo Alto, CA
City of Belmont Public Art Plan
Graphic Design
Belmont, CA

SELECTED SOCIAL PRACTICE ART
Equitable & Just Na�onal Climate
Pla�orm: Build Back With Jus�ce
Campaign, 2021 - 2022
Social Prac�ce, Illustra�on, Temporary
Public Art, Campaign
Na�onal, USA
Community Healing Altar, Avenida de
Altares, 2021
Community Engagement, Social
Prac�ce, Design, Temporary Public Art
East San Jose, CA
Lips Uncurled, Eyes Forward: AAPI
Social Art Exhibi�on, 2018 - 2021
Community Engagement, Event
Programming, Temporary Public Art,
Social Prac�ce
San Jose, CA
Sonido Clash Music Fest,
2016 - 2019
Graphic Design, Social Prac�ce,
Community Engagement,
Programming
East San Jose, CA
[email protected] artbuildscommunity.com 408.387.2446
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C. Firm Experience

1. CITY OF CHATTANOOGA PUBLIC ART MASTER PLAN
Art Builds Community and Gail M. Goldman Associates
Client
City of Chatanooga
Kat Wright, Public Art Director
(423) 643-7823
[email protected]
Performance Period
2018-2019
Role and Responsibili�es
Responsibili�es included conduc�ng public outreach to neighborhood groups, business leaders, educators, youth, environmentalists, community ac�vists, and ar�sts; development of vision and mission statements; iden�fica�on of poten�al permanent, temporary, and performa�ve sites, opportuni�es, and goals for public artwork; detailing opera�onal and funding strategies; addressing maintenance, community engagement and educa�on; iden�fying sustainable staffing and funding mechanisms; defining ar�st and artwork selec�on methods and criteria; establishing systems, procedures, and policies that support public art efforts with both internal and external partners; and prepara�on of short and long-term ac�on plans.

2. CITY OF PALO ALTO PUBLIC ART MASTER PLAN
Art Builds Community and Gail M. Goldman Associates
Client
City of Palo Alto
Elise DeMarzo, Public Art Director
Community Services Department
650) 617-3517
[email protected]
Performance Period
2015-2016
Role and Responsibili�es
Responsibili�es included conduc�ng public outreach to neighborhood groups, business leaders, educators, youth, environmentalists, community ac�vists, and ar�sts; development of vision and mission statements; iden�fica�on of poten�al permanent, temporary, and performa�ve sites, opportuni�es, and goals for public artwork; detailing opera�onal and funding strategies; addressing maintenance, community engagement and educa�on; iden�fying sustainable staffing and funding mechanisms; defining ar�st and artwork selec�on methods and criteria; establishing systems, procedures, and policies that support public art efforts with both internal and external partners; and prepara�on of short and long-term ac�on plans.

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3. CITY OF OKLAHOMA CITY PUBLIC ART MASTER PLAN
Gail M. Goldman Associates
Client
Randy Marks
Public Art Project Manager
Office of Arts & Cultural Affairs
City of Oklahoma City
(405) 297-1274
[email protected]
Performance Period
2013-2015
Role and Responsibili�es
Responsibili�es included conduc�ng public outreach to neighborhood groups, business leaders, educators, youth, environmentalists, community ac�vists, and ar�sts; development of vision and mission statements; iden�fica�on of poten�al permanent, temporary, and performa�ve sites, opportuni�es, and goals for public artwork; detailing opera�onal and funding strategies; addressing maintenance, community engagement and educa�on; iden�fying sustainable staffing and funding mechanisms; defining ar�st and artwork selec�on methods and criteria; establishing systems, procedures, and policies that support public art efforts with both internal and external partners; and prepara�on of short and long-term ac�on plans.

4. CALIFORNIA AVENUE DISTRICT PUBLIC ART PLAN
Art Builds Community
Client
City of Palo Alto
Elise DeMarzo, Public Art Director
Community Services Department
(650) 617-3517
[email protected]
Performance Period
2015-2016
Role and Responsibili�es
Responsibili�es included conduc�ng public outreach to neighborhood groups, business leaders, educators, youth, environmentalists, community ac�vists, and ar�sts; facilitated “Boot Camp” to educate City Commissioners and Department staff about the process of commissioning and maintaining public art; commissioned ar�st-led outreach through Mobile Art Pla�orm; development of vision and mission statements; iden�fica�on of poten�al permanent, temporary, and performa�ve sites, opportuni�es, and goals for public artwork; detailing opera�onal and funding strategies; addressing maintenance, community engagement and educa�on; iden�fying sustainable staffing and funding mechanisms; defining ar�st and artwork selec�on methods and criteria; establishing systems, procedures, and policies that support public art efforts with both internal and external partners; and prepara�on of short and long-term ac�on plans.

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Public Art Master
Plan Update
Gail M. Goldman Associates &
Art Builds Community
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Background
• 1992 City Council adoption of Art in
Public Place and Private Development
Program
• City Council Resolution Establishes the
Art in Public Places Fee
• 2001 City Council Adoption of the
Public Art Master Plan
• 5-year Public Art Project Plan
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Process & Schedule
Project Initiation
& Research
Community
Outreach & Public
Participation
Development of
Draft & Final
Update
Winter 2022 Spring 2023 Summer/Fall 2023
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Item  F. 3.

DATE 11/10/2022
TO Honorable Mayor and City Council Members
FROM James Scanlin, Environmental Services Manager
SUBJECT    Adopt a resolution authorizing the City Manager to execute a contract amendment with R3 Consulting Group, Inc. to assist staff with negotiations for a potential extension of the Franchise Agreement with Republic Services Inc. for solid waste collection services SUMMARY AND RECOMMENDATION
The City entered into a ten-year Franchise Agreement (Agreement) with Allied Waste Services of North America LLC (Republic Services) for collection of solid waste and collection and processing of source separated recyclable materials, organic materials, and construction and demolition debris (Collection Services) in 2013. The Agreement ends on May 31, 2023. The City needs to have an extension or new agreement in place for Collection Services by May 31, 2023.

The City executed a Contractual Services Agreement (CSA) with R3 Consulting Group, Inc. (R3) to review Republic Services implementation of the existing Agreement (Phase I) and, if authorized, assist with contract negotiations on an extension to the Agreement (Phase II). The original contract amount for Phase I was $44,480.00. The original CSA for Phase I is almost fulfilled, and additional funds are needed to complete Phase II.

Staff recommends that the City Council, by resolution, authorize the City Manager to execute a contract amendment with R3 Consulting Group, Inc. to assist staff with contract negotiations on an extension to the Agreement with Republic Services.  The contract amendment for Phase II would be in the additonal amount of $48,889.00 to bring the total not-to-exceed amount for the contract to $93,369.00 R3 Consulting Group, Inc. will be in attendance at the November 10, 2022 City Council meeting to provide a presentation to the City Council related to the current Agreement with Republic Services and framework for a potential extension.

BACKGROUND
Republic Services currently has approximately 500 commercial accounts for solid waste and recycling service and 300 commercial accounts for organics service as well as approximately 70 multi-family and 11,000 single-family accounts for solid waste, recycling, and organics service within the City of Newark. Republic Services also provides for collection of construction and demolition (C&D) debris and bulky item pickup. The solid waste and bulky items are brought to the BLT Transfer Station in Fremont. The recycling, organics, and C&D debris are brought to the Newby Island Packet Page 349
Fremont. The recycling, organics, and C&D debris are brought to the Newby Island Resource Recovery Park in Milpitas.

Prior to 2013 the City had a franchise agreement with Waste Management Inc. In 2012 the City conducted an extensive RFP process. Four proposals were received. Staff reviewed and ranked the proposals and recommended to City Council that the City enter into an agreement with Republic Services. City Council approved a ten-year agreement with Republic Services in January 2013. The Agreement ends on May 31, 2023. The Agreement states that the contract may be extended with the prior written consent of both parties. The City has a separate agreement with BLT Enterprises of Fremont LLC for transfer services that expires in 2037.

On June 27, 2022 the City released an RFP for professional services to assist with an assessment of Republic Services' rates and implementation of the Agreement (Phase I) and, if authorized, to assist with contract negotiations (Phase II). R3 was the only firm that responded to the RFP. The City entered into a Contractual Services Agreement (CSA) with R3 in the amount of $44,480.00 for the completion of Phase I. Completion of contract negotiations with Republic Services (Phase II) will require an amendment to the CSA.

DISCUSSION/ANALYSIS
Cost of Service: The City contracted with R3 Consulting Group, Inc. (R3) to conduct an assessment of Republic Services' current rates.  R3 conducted a rate survey and compared Republic Services' current rates in Newark to five representative Bay Area communities. The survey found that the City's residential rates for basic service are all lower than the surveyed average and that the rate for the most popular 32 gallon cart size is 15.88% lower than the average. The City's commercial garbage rates are consistently lower than the average and the City's commercial recycling rates are very low compared to the surveyed communities. However, the rates for organics service are higher than the surveyed average (See attached Franchise Agreement Assessment Report for details).

Customer Service: In the City's September 2021 survey of residents 75% of respondents stated that they were either satisfied or very satisfied with their service.

However, there have been complaints from residents regarding missed pickups and not placing bins back into the enclosures after servicing. Complaints were particularly numerous during the peak of the COVID-19 pandemic. According to Republic Services this was due in large part to drivers being out on COVID leave. Complaints have decreased significantly over the past several months.

Environment: A primary objective of the waste management program is to divert as much material as possible from landfill disposal to reuse. State regulations have set aggressive targets for diversion of recyclables, organics, and construction and demolition debris. The Agreement has numerous provisions intended to help the City meet these targets. The passage of SB 1383 will require the franchise hauler to provide additional assistance to the City including, for example, audits of the commercial and residential accounts' waste sorting practices and notices to account holders not sorting their material properly.

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their material properly.

Delinquent Accounts: There are currently over 1,400 delinquent accounts (approximately 12%) with over 600 accounts that are more than six months past due.

Over 97% of the past due accounts are residential accounts. This rate is higher than industry standards.  The current agreement allows for Republic to reduce the level of service for past-due accounts with the approval of the City, but that approach has not been pursued to date. Other approaches that could be considered include additional outreach to and tracking of past-due accounts.

Process/Schedule: Pending City Council adoption of the Resolution, staff will work with R3 to initiate contract negotiations with Republic Services. Staff intends to bring a proposed extension to the Agreement to City Council in April 2023.

R3 will be in attendance at the November 10, 2022 City Council meeting to provide a presentation to Council.  The presentation will provide background on the Republic Services Agreement, background on current legislation related to solid waste management, a framework for a potential extension of the Agreement, and a brief financial evaluation.

FISCAL IMPACT
The not-to-exceed amount of the First Amendment to the R3 contract would be an increase of $48,889.00 for a total CSA not-to-exceed amount of $93,369.00.  Funding for these additional services will be derived from unallocated Measure D funds.  An amendment to the 2022-2024 Biennial Budget and Capital Improvement plan is required in the amount of $48,889.00.

REVIEW AND APPROVAL
Prepared by - James Scanlin, Environmental Services Manager Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
R3 Resolution
First Amendment
Franchise Agreement Assessment Report
R3 Presentation
R3 signed contract
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE THE FIRST AMENDMENT TO THE
CONTRACTUAL SERVICES AGREEMENT WITH R3
CONSULTING GROUP, INC. FOR WASTE HAULER

FRANCHISE AGREEMENT NEGOTIATING SERVICES AND
AMENDMENT OF THE 2022-2024 BIENNIAL BUDGET AND

CAPITAL IMPROVEMENT PLAN
WHEREAS, the City and R3 Consulting Services, Inc. ("Consultant") entered into an agreement between City and Consultant for Waste Hauler Franchise Agreement Consulting Services effective July 15, 2022 (Agreement); and WHEREAS, Consultant has satisfactorily completed Phase I of the scope of services in the Agreement including a comparison of the current rates charged by the franchise hauler for collection and processing of solid waste, recyclables, and organics to other comparable Bay Area municipalities; and
WHEREAS, additional funding is needed to complete Phase II of the scope of services including assisting with negotiating an extension to the franchise agreement; and WHEREAS, a budget amendment is necessary to allocate additional Measure D funding for this scope of activity; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Manager is hereby authorized to execute the first amendment to the Contractual Services Agreement with Consultant, in a form approved by the City Attorney, to assist with negotiating and extension to the franchise agreement with Republic Services and to increase the not to exceed amount of the Agreement by Forty-Eight Thousand Eight Hundred EightyNine ($48,889.00) for a revised total not to exceed amount of Ninety-Three Thousand Three Hundred Sixty-Nine ($93,369.00).

BE IT FURTHER RESOLVED by the City Council of the City of Newark hereby approves an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for the appropriation of $48,889.00 of unallocated fund balance from Fund 215 (Measure D) to expenditure account 215.60.063.631.6221 in Fiscal Year 2022-2023.

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FIRST AMENDMENT TO THE CONTRACTUAL

SERVICES AGREEMENT BETWEEN THE CITY OF
NEWARK AND R3 CONSULTING GROUP, INC.

This First Amendment to Contractual Services Agreement between the City of Newark, a municipal corporation, ("City") and R3 Consulting Group, Inc, ("Consultant") dated November 10, 2022 (the “Agreement”), is entered into as of _________________, 2022 for Waste Hauler Franchise Agreement Negotiation Consulting Services.

RECITALS
WHEREAS, the City and R3 Consulting Group, Inc. ("Consultant") entered into an Consulting Services Agreement (CSA) between City and Consultant for Waste Hauler Franchise Agreement Consulting Services effective July 15, 2022 (Agreement); and WHEREAS, Consultant has satisfactorily completed the scope of services in Phase I of the Agreement including an assessment of the current franchise hauler’s rates and performance; and
WHEREAS, additional funds are needed for Consultant to complete Phase II of the Agreement which includes assisting with negotiating an extension to the current waste hauler franchise agreement.

NOW, THEREFORE, inconsideration of the foregoing recitals and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
(1) Notwithstanding Section 1 of the Agreement, the parties hereby agree to add the additional services as contained in Exhibit A.
(2) Notwithstanding Section 3 of the Agreement, the parties hereby agree to increase the not to exceed amount of the Agreement by Forty-Eight Thousand Eight Hundred Eighty-Nine ($48,889.00) from Forty-Four Thousand Four Hundred Eighty ($44,480.00) for a revised not to exceed amount of Ninety-Three Thousand Three Hundred Sixty-Nine ($93,369.00).

The First Amendment of the Agreement for Franchise Agreement Consulting Services has been executed by the parties as of the date first set forth above.

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City of Newark
David J. Benoun
City Manager
Dated
Attest:
__________________________
Sheila Harrington
City Clerk
Approved as to Form:

Kristopher J. Kokotaylo
City Attorney
Consultant

Garth Schultz
President
R3 Consulting Group
Dated
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Exhibit A
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1. WORK PLAN
City of Newark | Negotiation Assistance
1 Project Approach
R3 is ready to share our extensive experience and knowledge in procurement and negotiation processes to assist the City. We are confident that we will meet the City’s schedule needs. Additionally, we are in a strong position to provide the City with insight on the rationale behind the SB 1383 regulations and what will be needed in a new Agreement due to our extensive experience working with CalRecycle.

Undertaking agreement negotiations is a complex and time-consuming effort. R3 recognizes that the City has limited staff to take on a project of this importance to the community. The R3 Project Team has assisted numerous cities and counties on comparable projects within the past 2 years, including the City’s neighbors Newark, Pleasant Hill and Martinez (which all contract with Republic Services) and we are prepared to work closely with the City’s Project Manager to complete all required tasks now and in the future.

R3 will work with City staff and Republic to establish key “deal points” that would be the basis for an extended Franchise Agreement and will seek City direction regarding preparation of an Agreement Amendment. Upon receiving City direction to prepare the Agreement Amendment, R3 will prepare the document with review and involvement of City staff and Republic Services and will present the Amendment to the City Council for consideration and approval.

Scope of Work
Task 1 Establish City Interests for Long-Term Extension When determining the best contracting option, the City should consider the following:
》 Current Performance: Is Republic in compliance with the current contract? Is Republic’s current and past performance acceptable to the City?
》 Surrounding Area Market Conditions: Are there other qualified haulers within the geographic area who may show interest in a competitive procurement process? 》 Customer Rates: How do the City’s residential and commercial customers’ rates compare to those in surrounding communities?
》 Confidentiality Agreement: Signing a confidentiality agreement between the City, Republic, and the consultants to ensure that proper protocols are followed throughout the negotiation process.

The intent of this task is to receive clear direction from the City regarding its wants and needs with respect to the Franchise Agreement extension with Republic. Clear direction will facilitate efficient and costeffective negotiations; lack of clear direction could result in complicated and costly negotiations with Republic.

Task 1.1 Review Franchise Agreement and Current Services R3 understands that the City and Republic maintain a good working relationship under the current Collection Services Agreement (Agreement). R3 will compare the City’s current solid waste collection programs and services, performance standards, and operational requirements to solid waste industry standard best practices. We will also directly analyze the City’s ability to achieve the extensive requirements of SB 1383 (dedicated task below).

Task 1.2 Develop a Timeline, Priorities, and Objectives R3 will conduct an analysis of solid waste extension options that will allow the City to make informed decisions regarding the future of its solid waste system. Specifically, R3 will work with City staff to establish a negotiation team, which may consist of City Staff, members of any commissions as applicable, and R3 team members.

Packet Page 356
City of Newark | Negotiation Assistance
2 It is anticipated that the negotiation team will assist R3 in developing a timeline for negotiations, an outline of key steps and issues, and identify priorities and objectives. This process will involve the drafting of a summary of items to be incorporated into the amended Agreement with Republic.

We expect the following main priorities:
》 Maintaining low, stable customer rates
》 Increasing diversion of materials from landfill
》 Increasing revenues to the City through Franchise, AB 939, or other administrative fees 》 Incorporating new legislative changes as mandated by AB 341, AB 1594, AB 1826, and SB 1383 》 Implementing innovative new collection programs and services 》 Limiting procurement costs to the City
》 Enhancing public education and community outreach programs Task 2 Franchise Agreement Negotiation for 10-Year Extension Task 2.1 Deal Points
R3 will work with City staff to develop “deal points” to guide the negotiation process with Republic. The final list of deal points will be presented to City staff for approval and incorporated into the negotiation process. In instances where proposed contractual requirements will be significantly different from those in the current agreement, we will prepare draft language for Republic to consider during the negotiation process.

The deal points may include matters such as:
》 Estimated “value” to Republic for extending the Agreement under both options. 》 Value of outreach and education services in existing Agreement. 》 Requested/desired outcomes (programs, rates, franchise/pavement impact fee payments, reimbursement for the negotiation process, etc.) to be provided by Republic as a condition of a new Agreement under each option.
》 Updated Agreement language to incorporate industry best practices and new legislative requirements such as AB 1594, AB 1826, and SB 1383.
》 Adding new/expanded recycling or organic waste programs and services – a detailed analysis will be undertaken on Republic’s cost proposal for residential green waste to compost and SB 1383 implementation.
》 Modifying the current agreement based on the outcome of the negotiations. 》 A schedule for concluding negotiations / terminating negotiations that allows for the City to pursue a competitive proposal process if negotiations are not successful.

R3 will lead the negotiation team throughout the negotiation process. This will include meeting preparation, agendas, attending meetings with City staff, preparation of negotiation session agendas, and attendance at negotiation sessions (phone and in-person).

During the negotiation process, R3 will review and analyze cost and program data presented by Republic.

To the extent required, written responses will be prepared and presented. In addition, we will maintain a journal of items under discussion and items that have been agreed to. We will also monitor and track proposed changes to the Agreement to maintain an “audit trail.” We will meet regularly with City staff during the negotiation process.

Task 2.2 Present Franchise Deal Points and Summary Report to City Council Upon successful conclusion of Task 1.1 above, R3 will prepare a summary letter report and present the findings and recommendations of our analysis from Task 1.1 at a City Council meeting. Prior to the actual presentation, R3 will prepare a draft PowerPoint presentation for review and approval by City staff. Based on any comments and revisions suggested by City staff, R3 will finalize the presentation and present to the City Council.

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City of Newark | Negotiation Assistance
3 It is anticipated that the City Council will then provide direction on the preferred option to staff and R3 and whether to continue to prepare an amendment to the current Agreement for potential City Council approval (as based on the results of the prior tasks) or use alternative procurement options.

Task 2.3 Prepare Agreement Amendment and Restatement
If, at the conclusion of Task 2.2 above, the City Council directs staff and R3 to continue to negotiate an Agreement Amendment with Republic, R3 will draft the revised/new Agreement Amendment for review by the City and Republic. The Agreement Amendment will establish the scope of services to be provided by the contractor, including the “deal points” established in Task 1.1.

This is an extensive effort, as it involves turning the key concepts identified in Task 1.1 (Deal Points) into concrete Agreement Amendment language subject to the review, comment, and revision of both parties until such time as both parties are comfortable agreeing to the terms of agreement (not just the basic concepts). The Agreement Amendment will also encompass and detail, to the satisfaction of both parties (City and Republic) the City interests established in conjunction with Task 1. Once comments from the parties have been received and resolved, R3 will finalize the Agreement Amendment for City Council approval.

Task 2.4 Finalize Agreement Amendment for City Council Approval R3 will present the results of Task 2.3 to the Staff and/or City Council, including recommendations made by the contract negotiation team, up to three (3) times, as needed to satisfy the City’s interests. This will include a summary of the negotiation process and the results and recommendations for award of the Agreement.

Total Project Deliverables
》 Meet with City staff virtually
》 Deal points term sheet
》 Preliminary negotiation schedule
》 One (1) virtual kick-off meeting with City
》 One (1) virtual kick-off meeting with City and Republic 》 Weekly check-in meetings by phone with City and/or Republic 》 Preparation of negotiation session agendas
》 Preparation and virtual attendance at negotiation sessions (up to 6) 》 Preparation and virtual attendance at meetings with City staff 》 Agreement language tracking
》 Electronic copies of the draft Agreement Amendment
》 Public meetings/City Council presentations (up to 3)
Handout Materials for City Council
》 An electronic copy of the final Agreement Amendment
》 One (1) Powerpoint presentation
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2. BUDGET
City of Newark | Negotiation Assistance
4 We propose to complete the Scope of Work, for a cost of $48,889, in accordance with the table below.

TASK HOURS COST

1. Establish City Interests 40 $ 8,000

2. Franchise Agreement Negotiation for 10-Year Extension 180 $ 36,000 10% Contingency $ 4,889
TOTAL
220
$ 48,889
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FINAL REPORT
City of Newark
Submitted electronically: October 11, 2022
Franchise Agreement
Recommendations
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405 14th Street, Suite 350, Oakland, CA 94612 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com October 11, 2022
Mr. Jim Scanlin, Environmental Services Manager
City of Newark
37101 Newark Boulevard, Newark, CA 94560
submitted via email: [email protected]
SUBJECT: Final Report – Franchise Agreement Recommendations Dear Mr. Scanlin,
R3 Consulting Group (R3) is pleased to submit this Final Report on our recommendations for the City of Newark’s franchise agreement with Republic Services. This report provides a comparative analysis of the City’s rates against other comparable cities, identifies the current legislative requirements and responsibilities, summarizes improvements to the existing franchise agreement, and provides a preliminary financial analysis focusing on uncollected accounts receivable.

In summary, we found that the City’s current rates are very competitive, the existing services in the franchise agreement are generally in alignment with regulatory requirements (with some opportunities for improvement, which we identified), and that action should be taken to decrease the incidence of bad debt.

We recommend that the City staff proceed with a recommendation to negotiate an agreement extension with Republic Services.
* * * * *
We appreciate the opportunity to be of service to the City of Newark and look forward to the next steps in this project. Should you have any questions on our Final Report, please don’t hesitate to reach out directly.

Sincerely,
Rose Radford | Practice Area Lead
R3 Consulting Group, Inc.
415.347.9536 | [email protected]
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TABLE OF CONTENTS
City of Newark | Franchise Agreement Recommendations TOC

1. Background ................................................................................ 1 Solid Waste in Newark ............................................................................................................. 1 SB 1383 – Short-Lived Climate Pollutants (SLCP) .................................................................. 1 R3 Scope of Work .................................................................................................................... 1

2. Rate Survey ................................................................................. 3 Rate Comparison Assumptions and Limitations ...................................................................... 3 Summary of Findings ............................................................................................................... 3 Market Rate and Services Survey ........................................................................................... 3 Rate Comparison ..................................................................................................................... 4 Service Comparison ................................................................................................................. 6

3. Franchise Agreement Review and SB 1383 Readiness ............ 9 Franchise Agreement Analysis ................................................................................................ 9 Regulatory Analysis ............................................................................................................... 10

4. Financial Evaluation ................................................................. 12 Overview ................................................................................................................................ 12 Bad Debt ................................................................................................................................ 12 Packet Page 362

1. BACKGROUND
City of Newark | Franchise Agreement Recommendations 1 of 12 Solid Waste in Newark
The City of Newark’s (City) population is approximately 49,000 and the City is approximately 13 square miles in size. Solid waste, which includes garbage, recycling, and organics, is collected by Republic Services (Republic) under the terms of a Franchise Agreement (Agreement) for solid waste collection and recycling services for a period of 10 years which expires on May 31, 2023. In 2018, organics collection service was added. The City has a separate agreement with BLT Enterprises of Fremont for Transfer Services. Republic currently services approximately 500 commercial accounts, 70 multi-family (greater than 4 units) accounts and 11,000 single-family accounts.

The City is a part of a Joint Powers Authority, StopWaste, which provides its members a range of services including legislative compliance assistance, guidance, and even on-the-ground technical assistance. In additional to StopWaste’s regular activities, the City benefits from a full-time recycling coordinator dedicated to Newark from Republic Services, and a range of other services also provided by Republic.

Republic has been providing solid waste collection service in Newark for over nine years, after having been awarded the Agreement via a competitive Request for Proposals process.

SB 1383 – Short-Lived Climate Pollutants (SLCP)
During the process of decomposition of organic materials, the chemical methane is released into the atmosphere. Methane has been identified as one of the most harmful Green House Gases (GHG) (and is 25 times more potent than carbon dioxide over a one-hundred-year period1), and methane from organic decomposition currently accounts for 21% of all methane emissions from the State of California annually.

In an effort to reduce these emissions, Senate Bill 1383 (SB 1383) requires jurisdictions to implement food recovery programs, targeting a 2025 statewide goal of recovering 20 percent of edible food that would otherwise be sent to landfill or compost processing. Regulations require jurisdictions to educate food generators and food recovery organizations, estimate the local capacity for recovering available edible food, and implement programs to increase edible food recovery capacity in jurisdictions found to have deficient capacity.

On November 3, 2020, CalRecycle received a Notice of Approval of Regulatory Action from the Office of Administrative Law on Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016). The regulations are final and went into effect on January 1, 2022.

R3 Scope of Work
The City engaged R3 Consulting on the first phase of its evaluation of the potential to extend the existing Agreement with Republic, with the stated intention of promoting increased diversion rates, implementing Senate Bill 1383 requirements, improving tracking and reporting, and providing very competitive rates.

This report is intended to assist City staff in determining whether staff recommends to the City Council, proceeding with extension negotiations with Republic Services, and if so, what the City’s desired deal points should be.

To assist City staff in their decision, R3 undertook the following actions, which are described in the subsequent pages of this report:

1. Market rate survey and analysis for solid waste services performed by Republic Services (Republic). R3 surveyed 6 jurisdictions to compare residential and commercial rates as well as solid waste services.
1 https://www.epa.gov/ghgemissions/overview-greenhouse-gases#methane Packet Page 363
Background
City of Newark | Franchise Agreement Recommendations 2 of 12

2. Review the City’s franchise agreement with Republic Services and suggest agreement improvements; and review the City’s current implementation of SB 1383 and suggest programmatic improvements to facilitate compliance.

3. Examine the City’s rates, rate structure, revenues and expenses for solid waste collection, and specifically uncollected accounts receivable (bad debt) and propose improvements to stabilize rates and facilitate cost reductions.

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2. RATE SURVEY
City of Newark | Franchise Agreement Recommendations 3 of 12 Rate Comparison Assumptions and Limitations
Many factors can affect the rates in a given community, including prior historical decisions, the rate structure (e.g., variable can rate or unlimited service), the type, frequency and level of services, and the amount of fees. We have not attempted to adjust rates for any such differences.

Summary of Findings
After comparing the City’s current rates to the surveyed communities, the following information has been concluded:
》 The City’s residential service rates are 2.81% lower than the surveyed communities for a 20- gallon cart, 15.88% lower for a 30- to 35-gallon cart, 5.70% lower for a 60- to 64-gallon cart, and 3.47% lower for a 90- to 96- gallon cart;
》 The City’s commercial garbage and recycling service rates for carts and bins are substantially lower than the average of the surveyed communities while the City’s commercial organics service rates are higher;
》 The City currently receives a high level of additional services, which is substantially comparable to the surveyed communities.

The City’s residential rates for basic service are all lower than the surveyed average. The City’s rate for the most popular 32-gallon is particularly lower (15.88%) than the surveyed average. Furthermore, the City’s current rate structure incentives the 32-gallon cart as the most volume for the cost.

The City’s commercial garbage rates are consistently lower than the surveyed average and the City’s commercial recycling rates are very low when compared to the surveyed communities. The City’s commercial organics bin rates are higher than the surveyed average, indicating that there may be avenues for cost savings.

The City is receiving a comparable number of additional services (of those included herein) among the surveyed communities, although all communities surveyed had similar levels. The cities of Hayward, Milpitas, and San Ramon fund street sweeping through service rates which further increases said rates.

Overall, R3 believes the City’s current rates, especially in the commercial sector, are competitive with respect to similar jurisdictions, and are validated by the level of services provided.

Market Rate and Services Survey
For comparison purposes, R3 worked with the City to select six (6) communities comparable to Newark and located in Alameda County or the immediately surrounding region. Three of the communities were chosen for having franchise agreements older than five (5) years and three communities were chosen that recently underwent a competitive procurement. An attempt was also made to select communities representing a range of haulers and hauler ownership groups.

The following communities selected have franchise agreements older than five years:
》 City of Hayward2
》 City of Milpitas
》 City of Union City
2 The City of Hayward is in the process of signing a new franchise agreement with Waste Management with services anticipated to start March 1, 2023. This survey used Waste Management’s proposed rates starting March 1, 2023.

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Rate Survey
City of Newark | Franchise Agreement Recommendations 4 of 12 The following communities selected have franchise agreements newer than five years:
》 Castro Valley Sanitary District
》 City of Fremont
》 City of San Ramon
Rates were obtained along with various service information, including but not limited to recycling and green waste collection type and frequency, bulky item and other collection services. Survey results were based on information obtained from city staff and websites, and/or provided by participating jurisdictions through telephone interviews and emails conducted by R3.

Rate Comparison
Residential Rates
The City offers four residential container sizes: 20-gallon cart, 32-gallon cart, 64-gallon cart, and a 96- gallon cart.

Table 1, next page, provides a comparison of the residential solid waste rates in each of the jurisdictions surveyed. The City’s current residential rate is 2.81% lower than the average of the other six jurisdictions for a 20-gallon cart, 15.88% lower for a 30-35 gallon cart, 5.70% lower for a 60-64 gallon cart, and 3.47% lower for a 90-96 gallon cart. The residential rates for all surveyed cities are bundled with the exception of Union City, meaning recycling and green waste services are included in the garbage rate structure. The City of Union City has a bundled residential rate for garbage and organics and a separate rate for recycling. Union City’s residential rate shown below is the sum of those two rates.

The City’s rates are below the surveyed average for all basic residential service cart sizes. Note however that four of the six surveyed communities have adjusted rates more recently than the City has. Although the solid waste services provided slightly differ between community, this result shows that the City’s rates are reasonable compared to nearby communities.

Table 1: Residential Rates (Monthly)
20 Gallon 30-35 Gallon 60-64 Gallon 90-96 Gallon
$ 34.10 $ 43.78 $ 69.18 $ 96.98
$ (0.96) $ (6.95) $ (3.95) $ (3.36)
-2.81% -15.88% -5.70% -3.47%
Residential (Garbage, Recycling,
& Organics 20 Gallon 30-35 Gallon 60-64 Gallon 90-96 Gallon Newark (Current) $ 33.14 $ 36.83 $ 65.23 $ 93.62
Castro Valley SD $ 32.49 $ 50.37 $ 124.57 87.48 $
Fremont $ 41.39 $ 42.23 $ 46.02 $ 66.44
Hayward $ 29.45 $ 43.05 $ 110.45 76.77 $
Milpitas $ 34.76 $ 44.44 $ 51.04 $ 43.13
San Ramon $ 34.05 $ 42.05 $ 115.53 72.54 $
Union City $ 32.45 $ 40.57 $ 121.77 81.21 $
Residential (Garbage, Recycling,
& Organics
Residential Average
Newark $ compared to Average
Newark % compared to Average
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Rate Survey
City of Newark | Franchise Agreement Recommendations 5 of 12 Commercial Rates
R3 compiled and analyzed the commercial sector rates, shown in Tables 2-4. The City’s current commercial cart and bin rates are substantially lower than the average of the surveyed jurisdictions for garbage and recycling services. The City’s commercial organic services are higher than the average of the surveyed jurisdictions.

Table 2: Commercial Garbage Rates (1 YD – 6 YD)
Table 3: Commercial Recycling Rates (1 YD - 4 YD)
1x / Week 3x / Week 1x / Week 3x / Week 1x / Week 3x / Week 1x / Week 3x / Week Newark Recycling Rate $ 35.62 $ 186.26 59.70 $ $ 111.72 $ 305.30 $ 157.93 $ 430.72 $ 206.96 $ 570.74 Commercial Recycling Average $ 40.25 $ 266.19 93.74 $ $ 172.22 $ 508.67 $ 245.51 $ 740.90 $ 314.10 $ 917.32 Newark $ compared to Average $ (34.04) (4.63) $ $ (79.93) $ (203.37) (60.50) $ $ (310.18) (87.58) $ $ (107.14) $ (346.58) Newark % compared to Average -11.50% -36.31% -30.03% -35.13% -39.98% -35.67% -41.87% -34.11% -37.78% 1x / Week 3x / Week 1x / Week 3x / Week 1x / Week 3x / Week 1x / Week 3x / Week Newark (Current) $ 35.62 $ 186.26 59.70 $ $ 111.72 $ 305.30 $ 157.93 $ 430.72 $ 206.96 $ 570.74 Castro Valley SD $ 143.89 79.61 $ $ 431.66 $ 287.84 $ 863.54 $ 1,295.23 431.75 $ $ 1,525.00 559.35 $ Fremont Not Offered 86.34 $ $ 140.21 - $ $ 194.09 - $ $ 247.93 - $ $ - Hayward $ 52.11 $ 248.20 91.56 $ $ 165.35 $ 442.12 $ 235.87 $ 650.96 $ 310.31 $ 863.78 Milpitas $ 11.10 $ 31.34 $ 77.18 $ 136.70 49.46 $ $ 201.50 71.18 $ $ 232.33 83.54 $ San Ramon $ 108.17 58.42 $ $ 324.57 $ 200.91 $ 602.75 $ 275.16 $ 834.52 $ 1,019.87 339.95 $ Union City $ 101.13 - $ $ 249.33 $ 189.57 $ 498.25 $ 265.02 $ 722.29 $ 343.53 $ 945.62 4 YD Bin
Commercial Recycling 90-96 Gallon
1 YD Bin 2 YD Bin 3 YD Bin
Commercial Recycling 90-96 Gallon
1 YD Bin 2 YD Bin 3 YD Bin 4 YD Bin
1x / Week 3x / Week 1x / Week 3x / Week 1x / Week 3x / Week 1x / Week 3x / Week 1x / Week 3x / Week Newark Gabage Rate $71.22 $149.25 $465.66 $279.29 $763.28 $394.85 $1,076.80 $517.39 $1,426.84 $773.15 $2,137.29 Commercial Garbage Average $94.70 $170.44 $512.49 $301.43 $882.11 $422.35 $1,270.98 $556.22 $1,704.83 $800.32 $2,481.11 Newark $ compared to Average -$23.48 -$21.19 -$46.83 -$22.14 -$118.83 -$27.50 -$194.18 -$38.83 -$277.99 -$27.17 -$343.82 Newark % compared to Average -24.79% -12.43% -9.14% -7.34% -13.47% -6.51% -15.28% -6.98% -16.31% -3.39% -13.86% 1x / Week 3x / Week 1x / Week 3x / Week 1x / Week 3x / Week 1x / Week 3x / Week 1x / Week 3x / Week Newark (Current) $71.22 $149.25 $465.66 $279.29 $763.28 $394.85 $1,076.80 $517.39 $1,426.84 $773.15 $2,137.29 Castro Valley SD $85.68 $214.15 $642.59 $375.32 $943.61 $520.81 $1,374.08 $799.52 $2,251.49 $1,175.14 $3,353.08 Fremont Not Offered $115.12 $0.00 $186.95 $0.00 $258.79 $0.00 $330.57 $0.00 $474.25 $0.00 Hayward $104.21 $183.11 $496.39 $330.72 $884.23 $471.73 $1,301.92 $620.61 $1,727.56 $907.57 $2,567.91 Milpitas $44.42 $125.37 $308.74 $197.82 $546.80 $284.73 $806.02 $334.15 $929.34 $462.32 $1,342.63 San Ramon $116.84 $216.34 $649.14 $401.82 $1,205.50 $556.31 $1,669.04 $679.90 $2,039.75 $927.03 $2,781.19 Union City $122.35 $168.57 $465.58 $315.92 $830.41 $441.73 $1,203.84 $572.54 $1,576.01 $855.58 $2,360.73 6 YD Bin
Commercial Garbage 90-96 Gallon
1 YD Bin 2 YD Bin 3 YD Bin 4 YD Bin
6 YD Bin
Commercial Garbage 90-96 Gallon
1 YD Bin 2 YD Bin 3 YD Bin 4 YD Bin
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Rate Survey
City of Newark | Franchise Agreement Recommendations 6 of 12 Table 4: Commercial Organics Bin Rates (1 YD - 3 YD)
Service Comparison
Table 5 below provides an overview of the jurisdictions, haulers, and types of residential carts offered. The jurisdictions that do not have separate food waste carts allow for the commingling of food waste in green waste carts.

Table 5: Overview of Community Information and Residential Services General Overview Cart Structure
Community County Population Garbage
Facility Used
Hauler Recycling Organics
Newark Alameda 47,229
BLT/
Fremont
Transfer
Station
Republic Commingled Commingled
Castro Valley
SD Alameda 87,110 ACI Transfer Station ACI Commingled Commingled Fremont Alameda 229,476 Altamont Republic Commingled Commingled Hayward Alameda 160,591 Altamont WM Commingled Commingled Milpitas Santa
Clara 80,839 GreenWaste Recovery
MSI Split Greenwaste and
Foodwaste Carts
San Ramon Contra
Costa 83,820 Vasco Road ACI Commingled Commingled
Union City Alameda 68,150 Altamont Republic/TriCED Commingled Commingled 1x / Week 3x / Week 1x / Week 3x / Week 1x / Week 3x / Week Newark Organics Rate $ 143.67 47.77 $ $ 448.26 $ 268.85 $ 734.75 Not Offered Not Offered Commercial Organics Average $ 128.75 50.14 $ $ 379.52 $ 229.57 $ 664.31 $ 325.15 $ 966.60 Newark $ compared to Average $ (2.37) $ 14.92 $ 68.74 $ 39.28 $ 70.44 Newark % compared to Average -4.72% 11.59% 18.11% 17.11% 10.60% 1x / Week 3x / Week 1x / Week 3x / Week 1x / Week 3x / Week Newark (Current) $ 143.67 47.77 $ $ 448.26 $ 268.85 $ Not Offered Not Offered 734.75 Castro Valley SD $ 266.18 68.38 $ $ 798.51 $ 1,341.01 492.51 $ $ 1,980.44 707.68 $ Fremont $ 105.14 42.02 $ $ 170.79 - $ $ 236.39 - $ $ - Hayward $ 52.11 $ 248.20 91.56 $ $ 165.36 $ 442.12 $ 235.87 $ 650.96 Milpitas $ 100.30 30.94 $ $ 246.99 $ 158.26 $ 437.44 $ 227.78 $ 644.81 San Ramon $ 108.17 58.42 $ $ 324.57 $ 200.91 $ 602.75 $ 278.16 $ 834.52 Union City $ 101.13 48.95 $ $ 279.33 $ 189.57 $ 498.25 $ 265.02 $ 722.29 3 YD Bin
Commercial Organics 60-96 Gallon
1 YD Bin 2 YD Bin 3 YD Bin
Commercial Organics 90-96 Gallon
1 YD Bin 2 YD Bin
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Rate Survey
City of Newark | Franchise Agreement Recommendations 7 of 12 R3 surveyed and compared additional solid waste services, as shown below in Table 6.

As shown below, of those communities surveyed, for services that the City offers:
》 Only the cities of Fremont and Milpitas also offer senior rates; 》 Three jurisdictions do not charge extra for backyard service to seniors and disabled; three jurisdictions do not charge extra for disabled only;
》 In one community the hauler provides street sweeping services, and in three communities there is a street sweeping fee on solid waste services; 》 All communities offer free on-call bulky waste pickup but only the City of Milpitas offers more pickups per year (4) than the City (3);
》 All communities offer curbside pickup for motor oil/filters; and 》 Three communities offer curbside collection of used cooking oil.

Table 6: Additional Services Provided
Jurisdiction Senior
Rates
No Extra
Charge for
Backyard
Service for
Seniors/Dis
abled
Hauler
Street
Sweeping
Free
Bulky
Waste
Pick-up
Used
Motor
Oil/Filt
ers
Collect
ion
Used
Cooking
Oil
Collection
Newark Yes Disabled No Yes, 3x
per year
Yes No
Castro Valley
SD No Disabled No Yes, 1x per year
Yes Yes
Fremont Yes Disabled No Yes, 2x
per year
Yes No
Hayward No Yes Fee paid
to City
Yes, 2x
per year
Yes No
Milpitas Yes Yes Yes Yes, 4x
per year
Yes Yes
San Ramon No Disabled Fee paid
to City
Yes, 3x
per year
Yes Yes
Union City No Yes No Yes, 2x
per year
Yes No
While the City has a comparable level of additional services provided, higher levels of additional service will correlate to higher service rates. The communities that fund street sweeping through service rates have higher rates.

Commercial Services
Table 7, below, shows that all surveyed communities offer stand-alone rates for commercial recycling and organics. However, commercial customers in the City of San Ramon receive up to 1 cubic yard per week of recycling and 96 gallons of organic services with subscription to garbage service.

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Rate Survey
City of Newark | Franchise Agreement Recommendations 8 of 12 Table 7: Commercial Service Structure
Jurisdiction
Rate Structure
Recycling Organics
Newark Stand Alone Stand
Alone
Castro Valley
Sanitary
District
Stand Alone Stand
Alone
Fremont Stand Alone Stand
Alone
Hayward Stand Alone Stand
Alone
Milpitas Stand Alone Stand
Alone
San Ramon Stand Alone Stand
Alone
Union City Stand Alone Stand
Alone
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3. FRANCHISE AGREEMENT REVIEW AND SB
1383 READINESS
City of Newark | Franchise Agreement Recommendations 9 of 12 Franchise Agreement Analysis
The following items are key items and collection programs included in the Agreement. R3 found that the Agreement’s services, programs, terms, and conditions are comparable to the industry standards with a few exceptions. The collection rates programs are on par with the regional averages and the industry standards. The City has a comparable package with respect to additional services provided by Republic Services in the rest of the region. The following is a summary of the services, programs, terms, and conditions of the Agreement:
》 Term Length: January 2013 through May 31, 2023, with option to extend with prior written consent of both parties (no term specified).
》 Collection Frequency: Residential, including multi-family, customers are provided with weekly garbage, recyclable material and organic waste collection. Commercial customers are provided with garbage and recyclable material collection with organic waste collection upon request and can subscribe to the collection size and frequency as needed. 》 Bulky Waste: Residential customers have three times per year free of charge bulky item collection. Up to 3 cubic yards of Solid Waste, Source-Separated Recyclable Materials, SourceSeparated Organic Materials, Reusable Materials, C&D or E-Waste OR up to 1 Appliance or Bulky Item for SFD and MFD customers collected upon request. 》 Holiday Trees: Collection 10 business days following New Year’s Day. 》 Special Events: Republic will provide collection services at events as requested by the City at no cost to the event or City. Republic also provides sponsorships and complimentary services to community events and charitable organizations, respectively. 》 Household Hazardous Waste: Collected upon request, including motor oil and filters. 》 Billing: Republic is responsible for conducting the billing and collection of charges for residential and commercial customers.
》 Regulatory Compliance: The Agreement requires that Republic comply with Applicable Laws and provide services in a manner that is safe to the public and the Contractor's employees.

Should the State regulations (Change in Law) result in change in the cost to carry out collection operations, Republic has the right to request an adjustment to the maximum rates. 》 Rates: All annual Rate adjustments shall be performed using an index-based Rate adjustment approach as defined in Exhibit D1 of the Agreement, with the exception that in place of the Index adjustment, the City and/or the Contractor may each request one cost-based Rate adjustment as defined in Exhibit D2 of the Agreement.
》 Customer Service: Republic shall provide two (2) full-time Customer service representatives in its Fremont office at 42600 Boyce Road that are available from 8:00 a.m. to 5:00 p.m. Monday through Friday. The customer service operation must keep record of all customer complaints, and must attempt, within commercially reasonable efforts, to resolve all customer service problems.
》 Collection Vehicles: The collection vehicles utilized by Republic must be compliant with the State’s regulatory standards and shall operate on compressed natural gas (CNG). The collection vehicles must be clean, maintained in good repair and uniformly painted. Republic’s contact information must be clearly visible on the collection vehicles, and the vehicles must be washed on a regular basis to maintain a clean appearance.
》 Recordkeeping: Republic must maintain records accurately reflecting business done under this Agreement. These records include customers lists, billing records, maps, AB 939 and AB 341 records, and written customer complaints for the full term of this Agreement, and no less than three years after the Agreement has ended.

However, the Agreement could be improved in a few ways, including:
》 Base Service Level – The lack of bundled service with organics included for commercial and multi-family customers can impact the City’s ability to comply with SB 1383.

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Franchise Agreement Review and SB 1383 Readiness
City of Newark | Franchise Agreement Recommendations 10 of 12 》 Diversion Standards – There are currently no Diversion Standards in the Agreement to hold Republic accountable for addressing low diversion numbers. 》 Sustainability Coordinator – While the Agreement does require Republic to employ a dedicated Recycling Coordinator, the City may consider adding a site visit checklist and specific and measurable actions and goals to be completed by the Recycling Coordinator into the Agreement. 》 Regulatory Compliance – The City may consider adding some provisions to the Agreement that directly require actions to be taken by Republic to assist the City in SB 1383 regulatory compliance, such as bin lid color requirements; route reviews, etc. 》 Performance Reviews – R3 recommends adding a Performance Review requirement that is tied to future contract extensions.

Extensive new State regulatory requirements on solid waste operations went into effect on January 1, 2022 via Senate Bill (SB) 1383 (which are discussed in the Regulatory Analysis section of this report, below).

The current Agreement expires on May 31, 2023, limiting the option to undertake a Request for Proposals (RFP) process to procure a new solid waste services agreement. Republic is requesting to renegotiate a new, 10-year agreement, which the City Council may choose to pursue.

Regulatory Analysis
The State has continued to set ambitious recycling goals via new legislation which primarily places responsibility for implementing new recycling programs on local jurisdictions. The primary State laws that apply to the City include:
》 AB 939, which set a Statewide diversion goal of 50% from 1990 levels by 2000, which must be maintained by jurisdictions on an ongoing basis. The law requires a comprehensive diversion planning effort and annual reporting on recycling programs, as well as establishing the enforcement framework still in place today.
》 AB 341, which set a goal of 75% diversion Statewide by the year 2020 and requires businesses that generate more than 4 cubic yards of commercial solid waste per week and multifamily residential dwellings of 5 units or more to arrange for recycling services, on and after July 1, 2012. The law also requires local jurisdictions to promote recycling by taking certain actions, including informing covered businesses of the requirement. 》 AB 1826, which set a goal of reducing organic waste by 50% by 2020, and required local jurisdictions to arrange an organics collection program that includes food scraps on and after July 1, 2016. Currently, AB 1826 requires businesses and multifamily residential dwellings of 5 units that generate more than 2 cubic yards of commercial solid waste per week or more to arrange for organics diversion services. The law also requires local jurisdictions to promote organics diversion by taking certain actions, including informing covered businesses of the requirement. 》 SB 1383, which was motivated by the Statewide limit on greenhouse gas emissions to 1990 levels and sets a Statewide goal to reduce organic waste by 50% from the 2014 level by 2020 and 75% from the 2014 level by 2025. SB 1383 also establishes a target of recovering 20% of currently disposed edible food for human consumption by 2025. SB 1383’s requirements took effect January 1, 2022, and include extensive requirements for businesses, State agencies, and local jurisdictions.

These regulations set forth a variety of programmatic and policy related requirements for multiple entities including jurisdictions, residential and commercial generators, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of State-wide organic waste disposal reduction targets. SB 1383 requirements go beyond AB 1826 and AB 341, in that there is a significant amount of specific program implementation, monitoring and enforcement requirements on jurisdictions, as well as a new required program component: an edible food recovery program. SB 1383 also significantly increases the reporting requirements on jurisdictions.

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Franchise Agreement Review and SB 1383 Readiness
City of Newark | Franchise Agreement Recommendations 11 of 12 The State agency’s enforcement of the minimum programmatic requirements has been stringent in recent years leading up to SB 1383 implementation, which began January 1, 2022. Republic has already demonstrated value to the City by assisting in AB 939, AB 341, AB 1826 and Alameda County Waste Management Authority Mandatory Recycling ordinance compliance. It is not feasible for Republic to directly contribute to the implementation of all SB 1383 requirements, although the City may request assistance with the collections-related components of the law. The City is directly responsible for meeting requirements such as enforcing the law, ensuring the internal procurement of recycled content paper, record keeping and reporting, and facilitating the edible food recovery program.

The City can choose to negotiate an amendment to the Agreement to meet regulatory requirements and/or accommodate improvements to the Agreement such as those identified in this report.

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4. FINANCIAL ANALYSIS
City of Newark | Franchise Agreement Recommendations 12 of 12 Overview
The City requested that R3 review the existing rate structure, costs and revenue and propose potential revisions to reduce costs, resolve outstanding debt, and increase City revenue.

The bulk of the current costs analysis is under review; however, based upon the results of the rate survey (Section 1 of this report), Newark’s rates are competitive and we expect them to remain so under a future negotiated agreement. Moreover, Newark recently completed a detailed rate review during which the rates were set equal to the costs of providing service at the time, and in alignment with the requirements of the franchise agreement. The detailed rate review resulted in a rate increase of 6.51% for rates effective January 1, 2020. Since then, we understand that Republic has negotiated a collective bargaining agreement extension with its workers that has added some additional cost increases.

Bad Debt
Of particular note is Republic’s request for relief for bad debt expenses. During the detailed rate review, bad debt was accounted for, but capped at 2% of gross revenue. At that time, Republic reported bad debt of only about $150,000, which did not exceed the 2% cap.

Prior to Republic Services taking ownership of Newark’s billing process, city staff managed the invoicing and collection operations, including the management of delinquent accounts. The City used the lien process where debts owed are attached to the service recipient’s property tax bill. The City Council approved this process.

When Republic Services assumed billing and collection responsibilities, the ability to establish liens on delinquent payments was not an option provided to Republic. In addition, stopping service for nonpayment is allowed per the terms of the franchise agreement after 120 days of non-payment, upon City staff approval.

These two conditions have led to higher delinquent payments than industry standards. Delinquent accounts include a total of over 1,400 customers, with over 600 customers over 183 days late on payments. Residential customers make up 97.4% of the outstanding balance.

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City of Newark
Republic
Franchise Agreement
Consideration
November 10, 2022
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Background
Rate Survey
Franchise Agreement
Financial Evaluation
Next Steps
AGENDA
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BACKGROUND – Franchise & City
➢Republic won competitive bidding process
➢Current Agreement began June 1, 2013, and
will expire May 31, 2023
➢Separate agreement with BLT for transfer of
garbage
➢Rate adjustment based upon hauler’s actual
costs of providing service in 2020
➢City is member of StopWaste JPA
➢September 2021 survey of residents – 75% of
respondents stated that they were either
satisfied or very satisfied
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BACKGROUND – Services
➢Base service
➢ Residential garbage, recycling and organics
➢ Commercial garbage and recycling, with the ability
to request organics
➢3 bulky item pickups, 3 CY OR 1 appliance
➢City events & litter container service free
➢Containers are gray/blue/green (compliant)
➢CNG trucks
➢Guaranteed capacity for organics & recycling
➢Annual compost giveaway in Fremont
➢Full-time recycling coordinator
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Senate Bill (SB) 1383:
➢Sets statewide mandates for
organics recovery efforts
➢Builds on prior law to
incrementally reduce
disposal of organic waste
➢Requires all generators to be
provided organic waste
recycling services
➢Edible food recovery
➢Unfunded State mandate
WHAT ARE ORGANICS?
→ Food
→ Green waste
→ Landscape & Pruning
Organic Textiles Carpets
→ Paper products
→ Printing/ Writing paper
→ Lumber
→ Wood
→ Manure
→ Digestate
→ Biosolids
→ Sludges
BACKGROUND – Legislation
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BACKGROUND – New Agreement?
➢ SB 1383 has caused most jurisdictions in California
to expand their diversion programs or face penalties
and significant rate increases
➢ Contract extensions are currently common
➢ Recent RFPs in the Bay Area have resulted in high
cost increases
➢ Republic’s current rates and services are competitive with neighboring communities
➢ Current inflationary climate and likely alternatives do not guarantee a better deal from other companies
➢ Republic desires to remain Newark’s solid waste
management company & requested 10 year
extension
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RATE SURVEY – Residential 32 gallon
$0.00
$10.00
$20.00
$30.00
$40.00
$50.00
$60.00
Newark Union City San Ramon Fremont* Hayward Milpitas* Castro Valley SD*
* Means jurisdictions that have newer agreements
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RATE SURVEY – Commercial 3 CY
$0.00
$100.00
$200.00
$300.00
$400.00
$500.00
$600.00
$700.00
Milpitas* Fremont* Newark Union City Hayward Castro
Valley
SD*
San
Ramon
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FRANCHISE AGREEMENT
➢10-year term
➢All current services would continue
➢Continued exclusive agreement for all services
➢For compliance with SB 1383:
➢ Organic waste collection service for all customers
➢ Diversion standards
➢ Reporting and compliance provisions
➢ Performance reviews
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FINANCIAL EVALUATION
➢Rates are competitive
➢Recent detailed rate review
➢Known cost additions since:
➢ Uncollected accounts/bad debt
➢ Updated labor agreement
➢ City-requested program adjustments, including hiring
additional staff & legislative compliance
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NEXT STEPS
➢Staff recommendation to authorize commencing
negotiations with Republic for extension of
agreement
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Questions &
Comments
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Item  F. 4.

DATE 11/10/2022
TO Honorable Mayor and City Council Members
FROM Nicholas Cuevas, Recreation and Community Services Manager SUBJECT    Adopt a resolution approving the Newark Community Nonprofit Service Organization Grant Program and authorizing an amendment to the 2022-2024 Biennial Budget for FY 2022 to provide American Rescue Plan Act (ARPA) funding of $300,000 for the Community Nonprofit Grant Program
SUMMARY AND RECOMMENDATION
In October 2021, the City Council adopted the City of Newark's American Rescue Plan Act (ARPA) Recovery Plan, which allocates $11.8 million in Federal relief, including $300,000 towards a non-profit grant program. Following the allocation from City Council, staff conducted a community needs survey and program research. The survey identified many organizations that support the Newark community that have suffered from the ongoing pandemic due to increased demand for services, lack of fundraising opportunities, and desire to serve more Newark residents. Staff has developed a non-profit grant program to address the community's needs based on the survey results.

This staff report provides an overview of the survey findings, summarizes a proposed non-grant program for Council consideration, and recommends the Council adopt a resolution approving the non-profit grant program.

BACKGROUND
On March 11, 2021, the Federal Government passed the American Rescue Plan Act, commonly referred to as "ARPA", a $1.9 trillion relief package aimed to stimulate the economy. Under ARPA, the Coronavirus State and Local Fiscal Recovery Fund (SLFRF) was established to provide aid to various governmental agencies throughout the Nation. The sum of $11.8 million was awarded to the City of Newark.

The Newark City Council held a work session on October 7, 2021, to discuss options to spend the City of Newark's $11.8 million allocation. The Council solicited input from the public and provided feedback to City staff. The City Council adopted the final City of Newark ARPA Recovery Plan on October 28, 2021.

The City Council allocated $300,000 towards Newark community non-profit grant program. As further explained below, many non-profit agencies have been unable to raise funds due to the pandemic, and the pandemic has caused disproportionate impacts on specific segments of our community.

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Community Needs Survey Findings:

In March 2022, Recreation & Community Services Department staff developed and issued a survey to identify the needs of non-profit organizations that serve the Newark community. The department received over 30 responses from community groups with a proven history of providing services to the Newark community. The survey responses showed a need for funding to meet the growing needs of the Newark community.

Survey respondents' categories:

Below represents a summary of the types of organizations that responded.

Food Pantries
Counseling/Human Services
Homeless services
Emergency shelter
Wildlife Rehabilitation
Community service organizations
Performing arts organizations
Historical organizations
Cultural organizations
Parent Teacher Student Associations
Community sports organizations
Substance abuse providers
Survey respondent's requested funding examples:

Below is a summary of what organizations would spend grant funds on if received.

Enhance homeless shelter services, transportation, and job readiness training capabilities.

Assist with historical organizations to preserve Newark's history.

Capital cost for an animal shelter.

Provide additional funding to host local sports tournaments and clinics, including sports scholarships.

Job readiness training services for those who are low-income or homeless needing assistance.

Replace lost income to support youth summer camps, arts in schools, community concerts, and meal programs.

Community bike and safety equipment program.

Career training for graduating high school seniors and parenting workshops.

Fund community scholarships across multiple organizations for youth and low-income students.

Increase Newark youth's interest in STEAM programming.

Cost for food pantry organizations.

Provide funding to continue a community voucher program to provide quick access to funds for clothing, food, and other necessities.

Support a music program for youth and help offset facility rental costs.

After evaluating the community survey results and reviewing similar regional programs, staff has developed a proposed non-profit grant program that would address the community's needs and honor the spirit and intent of the ARPA legislation.

Staff recommends investing these funds in projects that will:

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Staff recommends investing these funds in projects that will:

Align with strategic priorities
Address community needs
Support equitable outcomes for most impacted populations Leverage and align with other funding sources
Make the best use of this one-time infusion of resources Have a lasting impact
Staff also recommends funding non-profits that have a demonstrated history of successful programs.

DISCUSSION/ANALYSIS
The following is an overview of the proposed program, including grant eligibility, selection process, and criteria and reporting requirements.

Program Eligibility:

All applicants should meet eligibility and submit the required information to be considered for a funding recommendation. To be considered for funding, applicants would be required to:

Submit a complete and responsive application
Be a 501(c)3 non-profit organization with recognized legal status equal under the United States Internal Revenue Code
Submit a current W-9 Request for Taxpayer Identification Number and Certification Serve Newark residents or businesses through their services or programs Have up-to-date business filings, including a business license and no outstanding taxes
Be capable of administering grant funds in compliance with federal funding guidelines
Grant must be used for specific projects or services
Program Selection Process and Criteria:

To develop Newark's application process, staff conducted extensive research into similar programs, their scoring metrics, and general processes, as well as reviewing information obtained from the survey. The application is designed to assist applicants in providing the required information about their organization, eligibility, and proposal requirements to apply for grant funding.

If City Council approves the program, staff will immediately provide the program applications to all community non-profits that completed the survey and advertise the program. A proposed grant application has been prepared and is attached. Staff anticipates that the application period would be open for 30-60 days.

After the application period closes, an ad-hoc committee consisting of City staff members from various departments would review the proposals and score them based on the criteria identified below.

In evaluating the community survey results and researching similar grant programs, staff recommends that grants be awarded in the range of $500 - $25,000, depending Packet Page 407
on the needs of the organization and the strength of the application based on the criteria below.

Staff would consider the following metrics when scoring applications:

Tangible Impact: The extent of the benefit Newark residents would receive from the grant.

Long-Term Impact: The long-term impacts of the proposed project/service on the Newark community
Community Need: The project/service will reach populations that the pandemic has disproportionately impacted.

Alignment: The project is aligned with the City's strategic plan goals.

Leveraging: The project will leverage matching funds to expand the impact of the grant with grant funds already received from another organization.

Transformative Change: The project will not be possible without grant funds.

Organizational Capacity: The non-profits have the capacity and experience to implement project deliverables and manage grant funds.

As mentioned earlier, grant funds should be used for specific projects or services.

Program Reporting Requirements:

Any selected non-profit organization would need to sign a grant agreement to receive grant funds. A template grant agreement has been prepared in consultation with City Attorney and Finance staff and is attached.

In summary, the grant agreement awards the funds to the non-profit, requires the non-profit organization to use the funds for a specified purpose within an agreed-upon time period (generally one year), indemnifies the City, requires the organization to maintain appropriate insurance for their program, and requires the organization to regularly report the expenditure of grant funds to the City of Newark. The agreement also requires the organization to return funds to the City if they are not used within the time established or if the organization violates the terms of the agreement or ceases operations.

Awardees will be required to provide monthly qualitative and quantitative reports detailing how funds are used. The information provided will be reviewed by the Finance Department and included in the quarterly State and Local Funds Recovery Funds (SLFRF) compliance reports submitted to the U.S. Department of the Treasury.

Implementation:

If this grant program is approved by Council, City staff will immediately advertise the program application, hold a 30-60 day application period, and immediately review applications upon receipt. The goal is to have grants issued no later than 120 days after Council approval. Finance staff will require grant awardees to sign an agreement and report on how funds were spent by the 15th of each month.

FISCAL IMPACT
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There is no fiscal impact on the City's General Fund associated with this item because the existing budget includes the City of Newark's ARPA Recovery Plan, which provides $300,000 in funding for this program.

The proposed resolution amends the 2022-2024 Biennial Budget and Capital Improvement Plan for fiscal year 2023 as follows:

Increase 382.70.079.790.6950 Economic/Public Assistance by $300,000 Decrease 382.3000 Other Federal Grants and Awards by $300,000 REVIEW AND APPROVAL
Prepared by - Nicholas Cuevas, Recreation & Community Services Manager Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
ARPA Nonprofit Community Grant Presentation
ARPA Nonprofit Community Grant Resolution
ARPA Nonprofit Community Grant Application
ARPA Nonprofit Community Grant Agreement Template
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NEWARK

COMMUNITY

NON-PROFITS

GRANT PROGRAM

11.10.2022
City of Newark
City Council Meeting
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Newark Community Non-Profit Grant Program
2 Newark City Council adopted the City of Newark’s
American Rescue Plan Act (ARPA) Recovery Plan,
which allocates $11.8 million in Federal relief, including $300,000 for Newark Community Non-Profits.

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Community Non-Profit Needs Survey Results
3 Survey respondents’ categories:
• Food Pantries
• Counseling/Human Services
• Homeless services
• Emergency shelter
• Wildlife Rehabilitation
• Community service organizations
• Performing arts organizations
• Historical organizations
• Cultural organizations
• Parent Teacher Student Associations
• Community sports organizations
• Substance abuse providers
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Survey respondent's requested funding examples:
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5 Survey respondent's requested funding examples:

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6 Community Survey Evaluation & Program
Staff recommends investing these funds in projects
that will:
• Align with strategic priorities
• Address community needs
• Support equitable outcomes for most impacted
populations
• Leverage other funding sources
• Make the best use of this one-time infusion of
resources
• Have a lasting impact
Family Day at The Park 2022
Newark Community Center Patio
Packet Page 415
7 Program Eligibility
• Submit a complete and responsive
application
• Be a 501(c)3 non-profit organization with
recognized legal status equal under the
United States Internal Revenue Code
• Submit a current W-9 Request for
Taxpayer Identification Number and
Certification
• Serve Newark residents or businesses
through their services or programs
• Have up-to-date business filings,
including a business license and no
outstanding taxes
• Be capable of administering grant
funds in compliance with federal
funding guidelines
• Grant must be used for specific
projects or services
Packet Page 416
8 Program Selection Process & Criteria
Application reviewed by
an ad-hoc committee
Application approved
or denied
Application Submission
Period
Sign agreement &
receive funds
Application reviewed
for completeness
Grant Awards Range From :
$500 - $25,000
Packet Page 417
9 Program Selection Process & Criteria
Metrics considered when scoring
• Tangible Impact: The extent of the
benefit Newark residents would receive
from the grant.
• Long-Term Impact: The long-term
impacts of the proposed project/service
on the Newark community
• Community Need: The project/service
will reach populations that the
pandemic has disproportionately
impacted.
• Alignment: The project is aligned with
the City's strategic plan goals.
• Leveraging: The project will leverage
matching funds to expand the impact
of the grant with grant funds already
received from another organization.
• Transformative Change: The project
will not be possible without grant
funds.
• Organizational Capacity: The nonprofits have the capacity and experience to implement project
deliverables and manage grant funds.

Packet Page 418
10 Program Application Process
3-PART APPLICATION REQUIRED
• Section 1: Organization Information
• Section 2: Program/Project Description
• Section 3: Project Impact and Goals+
If the grant recipient is approved, additional
documents will be required:
• Scope of Work
• Grant Agreement Report
• Insurance Requirements
• W9 Request for Taxpayer Identification
• Verification of 501(c)3 status
Packet Page 419
11 Program Reporting Requirements
Packet Page 420
12 Program Implementation
If approved:
• Advertise the grant program to the
Newark Community
• Hold a 30–60-day application period
• Immediately review applications
• Grants issued no later than 120 days
after council approval
• Grantees have 1 year to spend funds
Packet Page 421
13 Program Fiscal Impact
There is no fiscal impact to the City's
General Fund associated with this
item because the existing budget
includes the City of Newark's ARPA
Recovery Plan, which provides
$300,000 in funding for this
program.

Packet Page 422
Newark Community Non-Profit Grant Program
14 Thank you!
Packet Page 423
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING THE NEWARK COMMUNITY NONPROFIT SERVICES ORGANIZATION GRANT PROGRAM

FOR NEWARK BASED OR NEWARK SERVING NONPROFITS

AND AUTHORIZING A BUDGET ADJUSTMENT TO THE
BIENNIAL BUDGET 2022-2024 FOR FISCAL YEAR 2023 TO

FUND THE NONPROFIT GRANT PROGRAM FROM THE

AMERICAN RECOVERY PLAN ACT (ARPA) REVENUE
WHEREAS, the City Council held a work session on October 7, 2021, to consider options for the use of Newark’s $11.8 million of the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) allocation and the City of Newark’s ARPA Recovery Plan was formally approved on October 28, 2021; and
WHEREAS, the Recovery Plan designates $300,000 for the Newark Community Nonprofit Services Organization Grant Program; and WHEREAS, the Newark Community Non-profit Services Organization Grant Program costssupported by this ARPA allocation need to be authorized by budget adjustment; and NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves $300,000 for the Newark Community Non-profit Services Organization Grant Program , for a total appropriation of $300,000 from ARPA Funds (Fund 382).

BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions necessary to effectuate the intent of this Resolution.

BE IT FURTHER RESOLVED that the City Council does hereby approve an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for fiscal year 2023 asfollows:
• Increase 382.70.079.790.6950 Economic/Public Assistance by $300,000 • Decrease 382. 3000 Other Federal Grants and Awards by $300,000 Packet Page 424
1 NEWARK COMMUNITY NON-PROFIT
501 (c)(3) SERVICE ORGANIZATIONS

GRANT PROGRAM APPLICATION
ISSUE DATE: XX
DEADLINE FOR SUBMISSIONS: XX
Packet Page 425
2 Contents
Introduction:................................................................................................................................................. 3 Background:.................................................................................................................................................. 3 ARPA State and Fiscal Recovery Funds Overview....................................................................................... 3 Tentative Timeline: ...................................................................................................................................... 4 Eligibility and Proposal Requirements: ....................................................................................................... 5 Selection Process and Criteria: .................................................................................................................... 6 Proposal Submission Information: .............................................................................................................. 6 Terms and Conditions: ................................................................................................................................. 7 GRANT PROGRAM APPLICATION................................................................................................................. 8 SECTION I – ORGANIZATION INFORMATION .............................................................................................. 8 SECTION 2 – PROGRAM/PROJECT DESCRIPTION ......................................................................................10 SECTION 3 – PROJECT IMPACT AND GOALS ..............................................................................................11 Attachments:

Grant Agreement Template, including the following exhibits:

Exhibit A - Scope of Work Exhibit B - Grant Agreement Report Exhibit Exhibit C - Insurance Requirements
Exhibit D - W9 Request for Taxpayer Identification Number and Certification Packet Page 426
3 Introduction:

The City of Newark is pleased to announce the availability of grant funding for local non-profits through the American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds (SLFRF).

The City is accepting Grant Applications from registered non-profits for projects and/or services that are aligned with the City's goals and priorities or meet the needs of the underserved community.

Background:

On March 11, 2021, the Federal Government passed the American Rescue Plan Act, commonly referred to as "ARPA", a $1.9 trillion relief package aimed to stimulate the economy. Under ARPA, the Coronavirus State and Local Fiscal Recovery Fund (SLFRF) was established to provide aid to various governmental agencies throughout the Nation. The sum of $11.8 million was awarded to the City of Newark.

The Newark City Council held a work session on October 7, 2021, to discuss options to spend the City of Newark's $11.8 million allocation. The Council solicited input from the public and provided feedback to City staff. The City Council adopted the final City of Newark ARPA Recovery Plan on October 28, 2021.

The City Council allocated $300,000 towards a Newark Community non-profit grant program.

The City Council is aware that many non-profit agencies have been unable to raise funds due to the pandemic and the pandemic has caused disproportionate impacts on specific segments of our community
The City of Newark is committed to investing these funds in projects that:
• Align to strategic priorities and address community needs • Support equitable outcomes for most impacted populations • Leverage other funding sources
• Make the best use of this one-time infusion of resources • Have a lasting impact
• The organization has a demonstrated history of successful programs In ensuring that we are broadly supporting our community through these funds, we provide the following information to help non-profits determine their potential eligibility and outline the process, funding amounts, and funding requirements.

ARPA State and Fiscal Recovery Funds Overview
On March 11, 2021, President Biden signed the $1.9 trillion dollar American Rescue Plan Act of 2021 to address the COVID-19 pandemic and the corresponding economic crisis. The American Rescue Plan established the Coronavirus State and Local Fiscal Recovery Funds, which allocated Packet Page 427
4 $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments to support their response to and recovery from the COVID-19 public health emergency.

The Coronavirus State and Local Fiscal Recovery Funds are designed to bolster agencies' responses to the COVID-19 pandemic and its economic impacts by supporting the immediate pandemic response, bringing back jobs, and laying the groundwork for a strong and equitable recovery.

The Coronavirus State and Local Fiscal Recovery Funds may only be used as outlined in the Final Rule and Compliance and Reporting Guidance issued by the U.S. Treasury Department. Grant recipients should review all guidance to ensure compliance.

Tentative Timeline:

Date Activity
XX Grant Application Released
XX Informational Session
XX Deadline for Submitting GRANT APPLICATION (4 p.m.)
XX Review and Evaluation Process
XX Recommendations Presented to the City Council
Questions or Technical Assistance
Upon request, general assistance is available through XX, by noon (PDT).

All questions and requests for technical assistance concerning the Grant Application are to be directed to the official contact person via email or mail:

Email: [email protected]
Mail:

Attn: Nick Cuevas
Recreation & Community Services Manager
City of Newark
6800 Mowry Ave
Newark, Ca 94560
Packet Page 428
5 Eligibility and Proposal Requirements:

All applicants must meet eligibility and submit the required information to be considered for a funding recommendation. To be considered for funding, applicants must:
• Submit a complete and responsive application
• Be a 501(c)3 non-profit organization with recognized legal status equal under the United States Internal Revenue Code
• Submit a current W-9 Request for Taxpayer Identification Number and Certification • Serve Newark residents or businesses through their services or programs • Have up-to-date filings (business license, taxes, etc.) • Capable of administering grant funds in compliance with federal funding guidelines Each proposal shall include the following information:

A. Application form, containing:
• General Information
a) Name of Project/Program
b) Name of Organization
c) Organization's Address
d) Primary Contact Name, Title, Email, Phone Number
e) Mission Statement
• Project Description
a) Amount of Funds Requested (up to $25,000)
b) Briefly describe the program/project you are requesting funds for. c) Have you received other COVID-19 relief funding related to this program or project?
• Community Benefits
a) Describe the need for the program/project you're proposing. b) What populations will benefit from the proposed project and how? How many individuals, families, or other populations be served by this program/project?
c) Describe 2-3 anticipated measurable outcomes for your proposed project/program.

B. Verification of 501(c) status
Packet Page 429
6 Selection Process and Criteria:

An ad-hoc committee consisting of City staff members from various departments will review the proposals and score them based on the criteria identified below.

Grants will be awarded in the range of $500 - $25,000, depending on the needs of the organization and the strength of the application based on the criteria below.

Staff would consider the following metrics when scoring applications:
• Tangible Impact: The extent of the benefit Newark residents would receive from the grant.
• Long-Term Impact: The long-term impacts of the proposed project/service on the Newark community.
• Community Need: The project/service will reach populations that the pandemic has disproportionately impacted.
• Alignment: The project is aligned with the City's strategic plan goals. • Leveraging: The project will leverage matching funds to expand the impact of the grant with grant funds already received from another organization. • Transformative Change: The project will not be possible without grant funds. • Organizational Capacity: The non-profits have the capacity and experience to implement project deliverables and manage grant funds.

Grant funds should only be applied to projects or services. Grant funds should not be used for religious or political purposes.

Proposal Submission Information:

An electronic version of the proposal in portable document format (.pdf) must be submitted by, XXXX, by email to:

[email protected]
Proposals received after this deadline will not be accepted. Early submissions are recommended and encouraged. The City reserves the right to reject any and all proposals submitted, request clarification of any part of a proposal, request additional information from competitors, and waive any irregularity in the proposal.

Packet Page 430
7 Terms and Conditions:
• All responses to this Grant Application become the property of the City and, as such, may be subject to the Public Records Act.
• Any costs and expenses incurred by an organization in preparing or submitting responses are the sole responsibility of the respondent.
• This Grant Application does not commit the City to award funds or fund proposals at the requested level.
• The City reserves the right to request additional information and clarification from any respondents to this Grant Application, including references. • A respondent must be prepared to present evidence to their responses to satisfactorily meet the requirements set forth or implied in the Grant Application. • Respondents may be asked to attend a meeting or be interviewed to provide further explanation to the City's Grant Application Evaluation Committee. • Respondents agree that, if awarded, quantitative and qualitative information will be required for ARPA reporting requirements, which is submitted by the City at the end of the month following each quarter. As such, detailed accounting and receipts for expenses need to be provided to the City of Newark by the 15th of each month, so City staff have ample time to review each month's expenditures prior to report submission to the Federal government.
• All respondents to the Grant Application must conform to instructions. Failure to include required signatures, meet deadlines, answer all questions, follow the required format, or failure to comply with other requirements of the Grant Application may be considered cause for rejection of the response.
• Agree to the terms outlined in the "Grant Agreement Template." Packet Page 431
8 NEWARK COMMUNITY NON-PROFIT
501 (c)(3) SERVICE ORGANIZATIONS

GRANT PROGRAM APPLICATION
SECTION I – ORGANIZATION INFORMATION
Community Based Organizations Information (Applicant Information):

Name of Organization: ___________________________________________________________ Organization Address: ___________________________________________________________ Website: ___________________________________ Phone: _______________________ Organization Email: _____________________________________ Executive Director: __________________________ Email: ________________________ Does your organization have a 501(c)(3) tax status: Y N (attach proof) Organization Mission Statement:

Primary Contact for This Application:

Name: ____________________________________ Title: _________________________ Phone: ____________________________________ Email: ________________________ Proposed Program/Project Cost Information:

Program/Project Cost: $ ____________________
Amount of Grant Funds Requested: $ ____________________ Program/Project Information:

Program/Project Title: ___________________________________________________________ % of Newark Residents Served By Current Program: ______________________ Packet Page 432
9 1. Describe the need for the program/project you're proposing:

2. Will your program/project serve youth in the Newark community?

3. Will your program or project serve an underserved community? Please Select one (1) category that BEST describes the type of project or program that your organization plans to provide with the requested grant funds:

Food Pantry Homeless Outreach Youth Services Underserved Community Community/Human Services Other: _________________________________________ Packet Page 433
10 SECTION 2 – PROGRAM/PROJECT DESCRIPTION

1. How did the COVID-19 pandemic impact your operations, funding, staffing, and general services that you offer to the public?

2. Provide information about your organization (e.g., number of years in operation, description of services provided, and the population served).

3. Describe the program or project your organization is proposing to implement with the grant funds in detail. Clearly list the major components or aspects of your program or project.

Packet Page 434
11 4. Provide a timeline for project implementation. Include specific tasks/activities that will be accomplished within your set timeline.

SECTION 3 – PROJECT IMPACT AND GOALS

1. Describe the target population and geographic area that your organization plans to serve with the grant funds and what impact the proposed program or project will have on the target population.

2. What populations will benefit from the proposed project and how? How many individuals, families, or other populations be served by this program/project?

3. Describe the need for the program/project you're proposing.

Packet Page 435
12 4. How will your organization assess/gauge the success of your program/project at its completion or on an ongoing basis?

5. How do you plan to sustain the program or project after expending grant funds?

6. Describe your entity's experience and capacity to manage, implement, measure, and report on grant use of funds.

Packet Page 436
1 Newark Community Nonprofit
501 (c)(3) Service Organizations
Grant Agreement Template
Project Name: _______________________
This Agreement ("Agreement"), dated this XX/XX/XX, by and between the City of Newark, a municipal corporation("CITY"), and [NONPROFIT LEGAL NAME] (“GRANTEE”), a non-profit 501(c)(3) organization:

RECITALS
WHEREAS, GRANTEE, as a non-profit organization that [NONPROFIT MISSION STATEMENT]; and
WHEREAS, GRANTEE’s provision of such services [IMPACT/BENEFIT OF GRANT] the City of Newark; and
WHEREAS, CITY wishes to award a grant to GRANTEE to support a program that provides [PROJECT/PROGRAM DESCRIPTION].

NOW, THEREFORE, the parties agree as follows:

SECTION 1. Status of GRANTEE. GRANTEE represents and warrants that it is a nonprofit 501(c)(3)organization in good standing under the law and shall remain as such for the term of this Agreement. GRANTEE further represents and warrants that its signatory is authorized to bind GRANTEE and execute this Agreement on GRANTEE’s behalf.

SECTION 2. Payment of Grant Award. CITY hereby agrees to pay GRANTEE an amount not to exceed [$XX,XXX] (“Grant Award”) according to the schedule set forth in Exhibit A and subject to the terms and conditions of this Agreement. CITY may elect in its sole discretion to withhold payment of Grant Award if GRANTEE defaults under any of the provisions of this Agreement.

SECTION 3. Expenditure of Grant Award. GRANTEE shall expend the Grant Award solely on the programs and/or projects set forth in Exhibit A. An expenditure that does not comply with this Agreement shall constitute a disallowed cost (“disallowed cost”) and be subject to reimbursement as specified in Section 15 of this Agreement. Under no circumstances shall GRANTEE expend any portion of the Grant Award for religious or Packet Page 437
2 political purposes or for any other purpose prohibited under law, including but not limited to promoting or inhibiting religion in general or any religion in particular, conveying a religious message, or advocating for or against a political candidate or ballot measure.

SECTION 4. Acknowledgment of Funding Source. Unless otherwise agreed upon in writing between the parties, the GRANTEE agrees that any publications, studies, or reports which are made possible by or derived, in whole or in part, from the Grant Award and any news articles, brochures, seminars, or other promotional materials or media or events through which GRANTEE publicizes the programs or projects funded in whole or in part by CITY will acknowledge the CITY’s support in the following manner: “Funding for this project has been provided by/contributed by the City of Newark.

SECTION 5. The Parties’ Relationship. This Agreement shall not be construed as giving rise to any agency, partnership, joint venture, or employment relationship between CITY and GRANTEE. GRANTEE shall have no ability to bind the CITY and shall not hold itself out as having any such ability. Neither GRANTEE nor any of GRANTEE’s officers, employees, agents, or subcontractors, if any, is an employee of CITY by virtue of this Agreement. GRANTEE’s employees and agents shall not be entitled to any salary or benefits relating to CITY employment.

SECTION 6. No Assignment. GRANTEE shall not assign this Agreement without CITY’s written authorization. Any unauthorized assignment shall be void and shall be considered a material breach of this Agreement.

SECTION 7. Indemnification. GRANTEE shall indemnify, hold harmless, and defend CITY, its City Council, boards and commissions, officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, attorney’s fees, Grantee’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with this Agreement, GRANTEE’s performance hereunder, GRANTEE’s or subcontractor’s negligence including active or passive, or strict liability, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of GRANTEE, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless of any limitation of coverage by insurance, with the exception of the sole negligence or willful misconduct of the City.

The provisions of this section shall survive the expiration or termination of this Agreement.

SECTION 8. Insurance Requirements. GRANTEE agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for GRANTEE.” Failure to maintain the required insurance at all times shall constitute a default and material breach.

SECTION 9. Non-Discrimination. In performing this Agreement, GRANTEE, shall not, and shall ensure that any and all contractors or subcontractors, employees, agents, volunteers, officers, officials, directors, volunteers, and affiliates, also shall not Packet Page 438
3 discriminate, harass, or allow harassment against any person on the basis of sex, race, color, ancestry, religious creed, national origin, physical disability, mental disability, medical condition, age, marital status, sexual orientation, actual or perceived gender identity, or any other basis prohibited under law. GRANTEE shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

SECTION 10. Compliance with All Applicable Laws. In performing this Agreement, GRANTEE warrants it shall comply with all applicable state and federal laws, rules, and regulations, whether now in force or hereinafter enacted.

SECTION 11. Accounting. For purposes of performance under this Agreement and receipt and expenditure of Grant Award, GRANTEE shall at all times maintain an accounting system that comports with generally accepted accounting principles.

SECTION 12. Financial Records and Financial Report. GRANTEE shall maintain satisfactory financial accounts, books, records, documents, and other evidence sufficient to properly reflect the amount, receipt, and expenditure of Grant Award.

Grantee shall submit to CITY a monthly report in the form identified in Exhibit B, for American Rescue Plan Act reporting requirements. Said monthly reports shall be submitted to City within fifteen (15) calendar days following each month of reported expenditures.

All financial records and financial reports shall be prepared in accordance with general accounting principles. The monthly report shall be public records and may be posted on the CITY’s website. Failure to maintain proper financial records and submittal of timely financial reports shall be cause for termination as outlined in this agreement (See Section 17).

SECTION 13. Audit and Examination. Upon request, CITY’s authorized representatives shall be provided with access and shall have the right to examine all financial records, documents, facilities, and activities related to GRANTEE’s performance of this Agreement and to the receipt and expenditure of the Grant Award. Failure to comply with the request for audit, or a lack of documentation and records, may cause termination of this agreement (See Section 17). Termination of this agreement for failure to comply will require all unused or disallowed funds provided to GRANTEE to be refunded to the CITY.

SECTION 14. Preservation of Records. GRANTEE shall preserve and make available all records related to performance of this Agreement and related to the receipt and expenditure of the Grant Award until the expiration of [RETENTION PERIOD] from the date of final payment to GRANTEE or as required by applicable law, whichever is longer.

SECTION 15. Reimbursement of Disallowed Costs. Within ten (10) business days of the date of CITY’s written notice to GRANTEE, GRANTEE agrees to reimburse to CITY any portion of the Grant Award paid by the CITY which CITY has in its sole discretion determined constitutes a disallowed cost.

Packet Page 439
4 SECTION 16. Term. This Agreement shall be for a term of one (1) year commencing on [INSERT DATE] and expiring on [INSERT DATE] unless terminated sooner per this Agreement.

SECTION 17. Termination. This Agreement may be terminated with or without cause by either CITY or GRANTEE with thirty (30) calendar days’ written notice of termination. No later than ten (10) calendar days of transmission of the termination notice from CITY, GRANTEE shall refund any unused or disallowed portion of the Grant Award. In the event of a breach of this Agreement, CITY may elect to provide written notice of such breach and a reasonable time period in which GRANTEE must cure the breach. If GRANTEE fails to cure the breach in accordance with said notice, CITY may terminate this Agreement for cause, and any unused or disallowed portions of the Grant Funds shall be returned to the City within ten (10) calendar days of said termination date.

SECTION 18. Notice. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective five (5) calendar days from the date of mailing or if personally delivered, from the date of personal delivery. If notice is given by mail, it shall be delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:

CITY: Nick Cuevas
Recreation & Community Services
Manager
City of Newark
6800 Mowry Avenue
Newark, CA 94561
(510) 578-4405
[email protected]
GRANTEE: NAME
TITLE

ORGANIZATION

ADDRESS

PHONE NUMBER
EMAIL
SECTION 19. Severability. If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.

SECTION 20. Waiver. No term or provision hereof will be considered waived by either party, and no breach is excused or consented to by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted.

No express or implied consent by either party to, waiver of, or failure of a party to enforce its rights with respect to a breach by the other party shall constitute consent to or, waiver of any subsequent or other breach by the other party.

Packet Page 440
5 Section 21. Amendment. This Agreement may be amended by mutual agreement in writing between the GRANTEE and the CITY. Any request by the GRANTEE for amendments must be in writing stating the amendment request and reason for the request. The GRANTEE shall make requests in a timely manner and in no event less than thirty (30) calendar days before the effective date of the proposed amendment.

Section 22. List of Exhibits:
• Exhibit A - Scope of Work
• Exhibit B - Grant Agreement Report Exhibit
• Exhibit C - Insurance Requirements
Section 23. Entire Agreement. This Agreement and any attached Exhibits shall constitute the entire Agreement between the parties hereto relating to the Grant Award and may not be modified except by an instrument in writing signed by the parties hereto. (Signatures on next page)
Packet Page 441
6 IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first herein above appearing.
[NONPROFIT NAME],
a non-profit organization
By:

NAME
TITLE
DATE:

By:

David Benoun
City Manager
DATE:
(City Seal)
ATTEST:

By:

Sheila Harrington
City Clerk
APPROVED AS TO CONTENT:

Nick Cuevas
Recreation & Community Services Manager
APPROVED AS TO FORM:

Kristopher
Kokotaylo
City Attorney
Packet Page 442
7 Project Description:

EXHIBIT A

SCOPE OF WORK
Deliverables & Performance Measures:

Payment Schedule & Eligible Expenditures:

All expenditures must comply with the Coronavirus State and Local Recovery Funds Final Rule. Funding used for ineligible expenditures will require repayment to the City. All expenditures must occur within one year.

The grant funds will be used to support the [PROGRAM NAME]. Eligible expenditures under this grant agreement include:

The grant funds will be dispersed in a lump sum following the full execution of this agreement.

Timeline:

All funds shall be expended within one (1) year of contract execution.

Packet Page 443
8 Narrative – description of how the funds were used and what was accomplished.

Exhibit B
Grant Agreement Report
Organization Agreement No.

Contact Person Contact Title
Phone Number Email
Report Type ☐ Monthly Reporting Period
☐ Other
Grantee Information
Grant Amount
Funding expended during the reporting period
Funding expended to date
Remaining award amount
Award Details
Receipts and thorough documentation of grant fund expenditures should be maintained and provided to the City of Newark by the 15th of each month. ☐ yes ☐ no
Performance Measures & Outcomes
Please provide outcomes that were accomplished through the grant funds Part I: Quantitative Outcomes
Number of Individuals Served
Population(s) Served
Performance Measures per Agreement
Packet Page 444
9 Grantee Representative Signature
I hereby declare under the penalty of perjury that the goods or materials covered by this report have been performed with the project specifications, are complete and accurate, and are eligible under the agreement.

Printed Name
Title
Signature Date
Packet Page 445
10 EXHIBIT C

INSURANCE REQUIREMENTS
INSURANCE:

GRANTEE shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Grantee, his agents, representatives, subGrantees, or employees.

Verification of Coverage
Grantee shall furnish City with original certificates of insurance and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences.

Proof of Insurance shall be mailed to the following address or any subsequent address as may be directed in writing by the City Risk Manager:

CITY OF NEWARK
Attn: Risk Manager
37101 Newark Boulevard
Newark, CA 94560
City reserves the right to require and obtain complete, certified copies of all required insurance policies and endorsements at any time. Failure to exercise this right at any time shall not constitute a waiver of right to exercise later. Grantee shall immediately furnish City with certificates of renewal for each policy that is renewed during the term of this Agreement.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Form Number CG 00 01covering Commercial General Liability on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal and advertising injury; and

2. Insurance Services Office Form Number CA 00 01 covering Code 1, (any auto), or Code 8 (hired) and Code 9 (non-owned) if Grantee has no owned autos; and

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance; and

4. Errors and Omissions Liability insurance appropriate to the Grantee’s profession.

Architects’ and Engineers’ coverage is to be endorsed to include contractual liability.

Minimum Limits of Insurance
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be Packet Page 446
11 available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of and Insurance policy or proceeds available to the named Insured; whichever is greater.

Grantee shall maintain limits no less than:

1. General Liability:
(including products and
completed operations, property
damage, bodily injury, and
personal and advertising
injury)
$2,000,000 per occurrence for
bodily injury, personal injury, and
property damage. If a general
aggregate limit applies, either the
general aggregate limit shall apply
separately to this project/location or
the general aggregate limit shall be
twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

4. Errors and Omissions Liability: $1,000,000 per occurrence or claim; $2,000,000 aggregate.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City Risk Manager. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its officers, officials, directors, employees, contractors, agents, and volunteers, or (2) Grantee shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses in an amount specified by the City Risk Manager or designee.

Claims Made Policies
For all “claims made” coverage, in the event that Grantee changes insurance carriers Grantee shall purchase “tail” coverage or otherwise provide for continuous coverage covering the Term of this Agreement and not less than five (5) years thereafter. Proof of such “tail” or other continuous coverage shall be required at any time that the Grantee changes to a new carrier.

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Item  F. 5.

DATE 11/10/2022
TO Honorable Mayor and City Council Members
FROM Anne Stedler, Economic Development Manager
SUBJECT    Transient Occupancy Tax (TOT) Informational Report SUMMARY AND RECOMMENDATION
Staff recommends that the City Council receive an informational report on Newark's Transient Occupancy Tax (TOT) and the Newark hotel market.

BACKGROUND
The COVID-19 pandemic interrupted hotel patronage beginning in the first quarter of calendar year 2020, causing an unprecedented, precipitous drop in hotel revenue and associated city TOT revenue. City TOT revenue dropped from almost $7 million per year in pre-COVID fiscal year 2019 to slightly under $3 million per year in fiscal year 2021. The Newark hotel market, although recovering, is still far from pre-COVID occupancy levels and room rates. In fact, the American hotel market is not expected to fully recover until 2025 (adjusted for inflation).  These facts show the severity of pandemic-related losses.

As a hotel market, Newark is distinctive in several ways. Newark has an unusually large number of competitive business-serving hotels for a city of its size, and the resulting TOT revenue is important to the city. In addition, Newark hotels serve the historically robust business travel demand from companies in Newark and the surrounding area. From a business perspective, Newark hotels are an important and attractive amenity for many local companies that rely on national and international business travelers. Finally, hotel guests spend money on goods and services at local businesses. Clearly, the Newark hotel market provides multiple benefits to the city and other members of the Newark community.

DISCUSSION/ANALYSIS
The presentation describes TOT’s importance to the city and the legal basis to collect TOT.  It describes the market factors that contribute to successful hotels and strong TOT revenue with a focus on hotel business recovery following COVID-19. The presentation also explains choices available to the city to increase TOT. Market factors described include key strengths and vulnerabilities of Newark’s hotel market, it’s recovery from the COVID-19 pandemic compared with other parts of the Bay Area, and opportunities to strengthen hotel success and resulting TOT revenues.

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The report is a collaboration of the Finance and Community Development departments and the Embarcadero Hotel Group expert consultants, Sondra Storm and Mark Keller.

The consultants maintain a diverse practice in hotel market analysis, hotel development and hotel operations for both private and public clients.

FISCAL IMPACT
As this is an informational report, there is no fiscal impact.

REVIEW AND APPROVAL
Prepared by - Anne Stedler, Economic Development Manager Reviewed by - Krysten Lee and Steven Turner, Finance and Community Development Directors
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
FINAL TOT Update 2022.11.03-KVL
Packet Page 449

TRANSIENT OCCUPANCY TAX (TOT)

UPDATE TO CITY COUNCIL
1 November 10, 2022
Packet Page 450
1 TOT ORDINANCE OVERVIEW 2 TOT REVENUE UPDATE 3 HOTEL DEVELOPMENT UPDATE 4 NEWARK HOTEL MARKET ANALYSIS 5 NEXT STEPS AGENDA
2 Packet Page 451

TRANSIENT OCCUPANCY TAX (TOT)
 A tax imposed on occupants for the privilege of occupying rooms in hotels and any structure intended for transient occupancy.
 Who pays TOT?
 The guest, for each overnight stay
 Less than 30 days = transient occupancy
 Hotel operators collect and remit to the city
Monthly and Quarterly
3 Packet Page 452

ORDINANCE OVERVIEW
 California Revenue and Taxation Code 7280-7281
 Authorizes general law city to impose a transient occupancy tax  Tax Imposed
 Increase, expansion or extension requires voter approval  General Tax requires a majority vote
 Newark’s current rate = 10%
 Exemptions:
 Any federal or state officer on official business
 Any officer or employee of a foreign government exempt by federal law or international treaty
4 Packet Page 453
REVENUE UPDATE – FY 2022 RESULTS
TOT 6%
Property
Tax 36% UUT 5%
Licenses,
Permits &
Fees 15%
Other 5%
Measure GG
11% Sales Tax
22%
5 Packet Page 454
REVENUE UPDATE – FY 2022 RESULTS
6 7% Above
Budget
Packet Page 455
10-YEAR HISTORICAL & 5-YEAR FORECAST
$4.2M
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Fiscal Year Projected Fiscal Year
$1.2 M (30%) > FY 2021 Actuals
$277K (7%) > FY 2022 Projections
7 Packet Page 456

HOTEL DEVELOPMENT UPDATE

MARRIOT AC HOTEL
8 Packet Page 457

HOTEL DEVELOPMENT UPDATE

HYATT PLACE HOTEL
Packet Page 458
9 10
NEWARK’S HOTEL MARKET – RESILIENCY THROUGH COVID
Packet Page 459
THE NEWARK HOTEL MARKET ANALYSIS – NOVEMBER 2022
11 Pre and post
Covid 19
01 Compared to
nearby
markets
02 TOT rates
compared to
nearby
markets
03 Next Steps
04 Packet Page 460
Companies locating in Newark and Fremont.
Companies, Meta, Google, Apple, and others, in the greater region. Convenient location to Bay Area cities and airports.
Proximity to San Francisco and the San Jose Convention Center. 12 NEWARK HOTEL MARKET – PRE-COVID
Grew faster than most US hotel markets, due to:

Packet Page 461
IMPACT OF COVID 19
ON HOTEL MARKETS:
 National
 Regional
 How Newark
compares
13 Packet Page 462

NATIONAL

HOTEL MARKET
Business and leisure travel nearly stopped in March 2020. Percentage of 2019 (pre-Covid) revenue:
14 Year Revenue Occupancy Average
Daily Rate
2020 52% 67% 79%
2021 83% 87% 95%
2022 projections anticipate return to
2019 revenues for U.S market (2025
when adjusted for inflation).
*Sources CoStar, STR, Embarcadero Hospitality and other sources.

Packet Page 463

REGIONAL
HOTEL MARKET:

BAY AREA FARED

WORSE THAN

NATIONAL
MARKET
15 In 2020, Bay Area and Silicon Valley losses
included:
 Travel associated with concentration of
high-tech headquarters.
 Conventions and special events.
 Foreign and domestic leisure travel to the
Bay Area.
 Relocations of high-tech workers away
from the Bay Area.

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REGIONAL
HOTEL MARKET:

BAY AREA STILL

FARES WORSE

THAN NATIONAL
MARKET
In 2022, the regional hotel market lags
significantly behind the national market
recovery.
Silicon Valley is outperforming San Francisco,
proper, but still well behind national levels.
Long-term impacts on business travel are still
unknown due to remote working trends.
16 Packet Page 465

NEWARK BUSINESS CLASS HOTELS COMPARED
17 To selected nearby markets:
• Fremont/Milpitas
• Mountain View/Cupertino
• Palo Alto/Menlo Park
Performance Measures:
• Occupancy
• Average Daily Rate (ADR)
• Revenue Per Available
Room (RevPAR)
Packet Page 466

OCCUPANCY
2019 – 2022 (YTD)
77%
50%
65%
77%
38%
66%
81%
35%
61%
71%
31%
57%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
2019 2020 2022 (YTD)
Occupancy %
Newark Palo Alto/Menlo Park Mt. View/Cupertino Fremont/Milipitas *Sources CoStar/STR, Embarcadero Hospitality Group
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18 AVERAGE DAILY RATE
2019 – 2022 (YTD)
182
137 137
342
219
287
251
173 182 193
142 131
$0
$50
$100
$150
$200
$250
$300
$350
$400
2019 2020 2022 (YTD)
Average Daily Rate $
Newark Palo Alto/Menlo Park Mt. View/Cupertino Fremont/Milipitas *Sources CoStar/STR, Embarcadero Hospitality Group
Packet Page 468
19 REVENUE PER AVAILABLE ROOM (REVPAR)
2019 – 2022 (YTD)
141
69 88
262
83 188
202
61 112
136
44 75
$0
$50
$100
$150
$200
$250
$300
2019 2020 2022 (YTD)
RevPAR $
Newark Palo Alto/Menlo Park Mountain View/Cupertino Fremont/Milipitas *Sources CoStar/STR, Embarcadero Hospitality Group 20
Packet Page 469
21 Newark Fremont/
Milpitas
Mt. View/
Cupertino
Palo Alto/
Menlo Park
2020 49% 32% 30% 35%
2021 48% 35% 28% 38%
2022* 63% 55% 55% 72%
Percentage of 2019 (pre-Covid) revenue:

SINCE 2020, NEWARK HAS PERFORMED BETTER THAN BAY AREA,

BUT WORSE THAN NATIONAL AVERAGE
*2022 represents the last 12 months through Sept. 2022
Packet Page 470
 In 2019, Newark added more new hotel rooms (as a %), but still outperformed its competitors during Covid, due to:
 Convenient location.
 New and expanded businesses near Newark.
 Newark’s hotels cost less.
 More of Newark’s hotels have extended-stay features.
 Newark is perceived as a nicer, safer place to stay than other Bay Area options at similar price-points. 22
NEWARK’S RESILIENCY EVEN WITH 2 NEW HOTELS IN 2019
Packet Page 471
NEWARK – POST COVID RECOVERY STRENGTHS
 Recent expansion in biotech and EV
industries will generate overnight stays:
 Allogene, Atum, Cepheid, Gissing,
FreeWire, Lucid Motors, Meta and
Vector Laboratories
 Almost 1.8 million sq ft industrial
building area
 Attractive, new hotels 23
Packet Page 472
NEWARK – POST COVID RECOVERY OPPORTUNITIES
 Potential to add more industry.
 Potential to attract more leisure travelers with
restaurants, strong location, event spaces,
shopping, and proximity to bike trails and Don
Edwards Wildlife Refuge.
24 Packet Page 473
NEWARK – POST COVID RECOVERY CHALLENGES
 New hotel rooms dilute revenue per hotel.
 Meta has faced transition challenges in 2022.
 Delay of the Dumbarton Railway bridge project.
 Dependent on business travel.
25 Packet Page 474

TRANSIENT OCCUPANCY
TAXES

BENEFITS OF STRONG

HOTEL PERFORMANCE TO
NEWARK
26 Packet Page 475
NEWARK SUPPLY INVENTORY – 10 HOTELS (1493 ROOMS)
Property Rooms Parent BrandClass
Doubletree by Hilton 315 Hilton Upscale
Homewood Suites 192 Hilton Upscale Extended Stay
Courtyard 181 Marriott Upscale
Aloft 172 Marriott Upscale (custom Ex. Stay)
Residence Inn 168 Marriott Upscale Extended Stay
EZ8 Motel 141 Independent Economy
Chase Suites 140 Independent Upscale Extended Stay
SpringHill Suites 119 Marriott Upscale
Staybridge Suites 104 IHG Upscale Extended Stay
Comfort Inn and Suites 101 Choice Hotels Upper midscale *Note the planned conversion of the TownPlace Suites to residential in 2022 removed 125 rooms from the market. 27 Packet Page 476
NEWARK SUPPLY INVENTORY – 2 NEW HOTELS (242 ROOMS)
Property Rooms Parent Brand Class
Hyatt Place (opening 2/23) 110 Hyatt Upscale
Marriott AC (Planning Review11/22) 132 Marriott Upscale Packet Page
28 477
City Current Hotel Taxes Rates
Campbell 12%
Cupertino 12%
Fremont 10%
Menlo Park 14%
Milpitas 14%
Newark 10%
Oakland 14%
Palo Alto 15.50%
Redwood City 12%
San Carlos 14%
Santa Clara 11.5% and 13.5% (2% CFD near Levi’s Stadium) San Francisco 16.25% (14% city + convention & additional location fees) San Jose 14% (10% city + 4% convention center)
San Leandro 14%
Sunnyvale 12%
Union City 13.54% (As of July 1, 2022)

TRANSIENT

OCCUPANCY

TAX RATES
29 Packet Page 478

TRANSIENT

OCCUPANCY
TAXES
Three nearby cities have TOT increases
on the ballot in November 2022:
 Alameda 14% (from 10%)
 Belmont 14% (from 12%)
 Millbrae 14% (from 12%)
30 Packet Page 479
Current and Potential Newark Transient Occupancy
Taxes @ 10% to 14%
FY 2019
(pre Covid)
Existing 10% Rate If 12% If 14%
Collected $6,700,000 $8,040,000 $9,380,000
Difference + $1,340,000 + $2,680,000
*Projection based on Newark’s 2022 – 2024 Biennial Budget and Capital Improvement Plan Projected
FY 2023*
Existing 10% Rate If 12% If 14%
Collected $3,800,000 $4,560,000 $5,320,000
Difference + $760,000 + $1,520,000
31 Packet Page 480

ECONOMIC ACTIVITY AND CITY BENEFITS OF HOTELS
 Hotels generate TOTs and other economic benefits:
 Hotel guests in the U.S. spend an additional $1.22 in the community for every $1 they spend on their hotel bill*.
 Great hotels help Newark attract businesses.
 Hotels generate construction and ongoing hotel jobs.
* 2019 Oxford Economics 32
Packet Page 481

HOTEL PERFORMANCE
TOT REVENUES @ 10% FOR 100 ROOM HOTEL
$131,400 difference:

Strong hotel performance benefits owners and community
Performance Weaker Stronger
Occupancy 75% 90%
Average Rate $120 $140
Annual Revenue $3,285,000 $4,599,000
TOT at 10% $328,500 $459,900
Packet Page 482

NEXT STEPS
34  Regularly check hotel statistics.
 Interview hotels to understand challenges, strengths and opportunities.  Consider increase in TOT rate to contribute to Newark’s General Fund and update ordinance.

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QUESTIONS?
35 Packet Page 484