SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT ("Agreement") is entered into this day of October 2023 ("Effective Date"), by and between the CITY OF ALAMEDA, a municipal corporation ("the City"), and HF&H CONSULTANTS, LLC, a California Limited Liability Company, whose address is 590 Ygnacio Valley Road, SUITE 105, WALNUT CREEK, CA 94596 ("Provider), in reference to the following facts and circumstances:
RECITALS
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conductedunder the statutes of the State of California and the Charter of the City.
B. The City is in need of the following services: update of Alameda's Zero Waste Implementation Plan. City staff issued an RFP/RFQ on February 23, 2023 and after a submittal period of 34 days received two timely submitted proposals. Staff reviewed the proposals, interviewed qualified firms and selected the service provider that best meets the City's needs.
C. Provider is specially trained, experienced and competent to perform the special services which will be required by this Agreement.
D. Whereas, the City Council authorized the City Manager to execute this agreement on October 17, 2023.
E. The City and Provider desire to enter into an agreement for update of Alameda's Zero Waste Implementation Plan upon the terms and conditions herein.
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are incorporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:
1. TERM:
The term of this Agreement shall commence on the day of October 2023, and shall terminate on the 16 day of October 2024, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.
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3. COMPENSATION TO PROVIDER:
a. By the 7"day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule set forth in Exhibit A and incorporated herein by this reference.
Extraworkmustbeapproved in writingbytheCityManager or theirdesigneepriortoperformance and shall bepaid on aTime and Material basis as set forth in Exhibit A. b. The total compensation for this Agreement shall not exceed $280,210. Total compensation includes a contingency of $24,410. Use of contingency shall be for highlighted optional task items of work indicated in Exhibit Aand requires prior written authorization by the City.
4. TIME IS OF THE ESSENCE:
Provider and the City agree that time is of the essence regarding the performance of this Agreement.
5. STANDARD OF CARE:
Provider agrees to perform all services hereunder in a manner commensurate with the prevailing standards of likeprofessionals or serviceproviders, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by theCity.
6. INDEPENDENT PARTIES:
Provider hereby declares that Provider is engaged as an independentbusiness and Provider agrees toperformthe services as an independent contractor. Themanner andmeansof conducting the services and tasks are under the control of Provider except to the extent they are limited by statute,rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider's services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shallnot bemade for any stateor federal taxes,FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Provider. Payments of the above items, if required, are the responsibility of Provider.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Provider assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder,pursuant to all applicable IRCA or other federal,or staterules andregulations. Provider shall indemnify,defend,and hold theCity harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.
8. NON-DISCRIMINATION:
Consistent with the City's policy and state and federal law that harassment and discrimination areunacceptable conduct,Provider and its employees,contractors,and agents shall HF&H
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DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6 not harass or discriminate against anyjob applicant, City employee, or any other person on the basisof anykindofanystatutorily(federal,stateor local) protected class,includingbutnot limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS,medicalcondition (e.g.cancer), genetic information,marital status, sex, gender,gender identity,gender expression,age,sexualorientation,pregnancy,politicalaffiliation, military andveteran status or legitimateunion activities. Provider agrees that any violation of this provision shall constituteamaterial breach of this Agreement.
9. HOLD HARMLESS:
a. To the fullest extent permitted by law, Provider shall indemnify, defend (with counsel acceptable to the City) andhold harmless the City,its City Council,boards, commissions, officials, employees, agents and volunteers ("Indemnitees") from and against any and all loss, damages, liability,obligations, claims, suits,judgments,costs and expenseswhatsoever,including reasonable attorney's fees and costs of litigation ("Claims"), arising from or in any manner connected to Provider's negligent act or omission, whether alleged or actual, in performance of its obligations under this Agreement or out of the operations conducted by Provider even if the City is found to have been negligent. If the Claims filed against Indernnitees allege negligence, recklessness or willful misconduct on the part of Provider, Provider shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Provider. Provider shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. 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.
b. As to Claims for professional liability only, Provider's obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Provider's obligation to indemnify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City's Risk Manager with certificates showing the type, amount, class of operations covered, effectivedates and dates of expiration of insurance coverage in compliance with Sections
10.b: (1) through (4). The Certificate Holder should be The City of Alameda, 2263 Santa Clara, Ave., Alameda,CA 94501. Such certificates, which do not limit Provider's indemnification, shall also contain substantially the following statement:
"Should any of the above insurance covered by this certificate be canceled or coveragereduced beforethe expiration date thereof,the insurer affording coverage shall provide thirty (30) days' advance written notice to theCity of Alameda.Attention:Risk Manager." Provider shall maintain in force at all times during the performance of this Agreement all appropriatecoverageof insurancerequired by thisAgreementwithan insurance company licensed HF&H
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Pro~ als
b. COVERAGE REQUIREMENTS:
Provider shall maintain insurance coverage and limits at least as broad as:
(1) Workers' Compensation:
Statutory coverage as required by the State of California, as well as a Waiver of Subrogation (Rights of Recovery) endorsement. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury:
Property Damage:
$1,000,000 each occurrence
$2,000,000 aggregate - all other
$1,000,000 each occurrence
$2,000,000 aggregate
Ifsubmitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to therequiredminimum limits shown above. Provider shall also submit declarations and policy endorsements pages. Additional Insured Endorsement naming the Ci:ty, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. The Additional Insured Endorsement shall includeprimary andnon-contributory coverageat least asbroad as the CG 2010.
(3) Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury:
Property Damage:
or
Combined Single Limit:
$1,000,000 each occurrence
$1,000,000 each occurrence
$2,000,000 each occurrence
Additional Insured Endorsement naming the City, its CityCouncil, boards, commissions, officials, employees, agents, and volunteers is required.
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DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6 (4) Professional Liability:
Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Provider's profession and work hereunder,including,butnot limited to, technologyprofessional liabilityerrorsand omissions if the services being provided are technology-based, in the following minimum limits:
$2,000,000 each claim
Technology professional liability errors and omissions shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the City in the care, custody, or control of Provider. If not covered under Provider's liability policy, such "property" coverage of the City may be endorsed onto Provider's Cyber Liability Policy as covered property as follows: cyber liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of,lossof,or destruction of electronicdataand/or information "property" of theCity that will be in the care, custody, or control of Provider.
As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits,that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for thebenefit of the City.
c. SUBROGATION WAIYER:
Provider herebyagrees towaiverightsof subrogation thatany insurer of Provider mayacquire from Provider by virtue of the payment of any loss. Provider agrees to obtain any endorsement that maybe necessary to affect this waiver of subrogation,but thisprovision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. The Workers' Compensation policy shall be endorsed with awaiver of subrogation in favor of the City for all work performed by Provider,itsemployees, agents and subcontractors. d. FAILURE TO SECURE:
If Provider at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider's name or as anagentof Provider and shallbecompensated by Provider for thecostsof theinsurancepremiums at the maximum ratepermitted by law and computed from the date written notice is received that thepremiums have not been paid.
e. ADDITIONAL INSUREDS:
The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers' compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any HF&H
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DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6 extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
Additional Insured coverage under Provider's policy shall be primary and non-contributory and will not seek contribution from the City's insurance or self-insurance. 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(s). f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider's insurance broker to determine adequate coverage for Provider. The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of the coverage carried by or available to Provider; whichever is greater. g. EXCESS OR UMBRELLA LIABILITY:
Ifany Excess or Umbrella Liability policiesareused to meet thelimits of liabilityrequired by this Agreement, then said policies shall be true "following form" of the underlying policy coverage, terms,conditions,and provisions and shall meet all of the insurancerequirements stated in thisAgreement, includingbut not limited to, theadditional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds,whether primaryor excess,andwhich also apply to a loss covered hereunder, shallbe called upon to contribute to aloss until all theprimary and excess liabilitypolicies carried by or available to the Provider are exhausted.
11. CONFLICT OF INTEREST:
Provider warrants that it is not a conflict of interest for Provider to perform the services required by this Agreement. Provider may be required to fill out a conflict of interest form if the services provided under this Agreement require Provider to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of theCalifornia Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of theCity Manager. Provider shall submit awritten request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or theirdesigneemayconsentor reject suchrequest in their soleandabsolutediscretion. Anyattempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquireno right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent. b. The sale, assignment, transfer or other disposition of any of the issued and outstandingcapital stock, membership interest,partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement.
Control means fifty percent or more of thevoting power of Provider.
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13. APPROVAL OF SUB-PROVIDERS:
a. Only thosepersonsand/or businesses whosenamesandresumesareattached tothis Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub-providers including the names of the sub providersand thereasonsfor therequest to theCity Managerat least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. b. Each sub-provider shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider. c. In addition, any tasks or services performed by sub-providers shall be subject to eachprovision of thisAgreement. Provider shallincludethefollowinglanguagein theiragreement with any sub-provider: "Sub-providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City." d. The requirements in this Section 13 shall not apply to persons who are merely providingmaterials,supplies,dataor information thatProviderthen analyzes and incorporates into its work product.
14. PERMITS AND LICENSES:
Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with theperformance of the services and tasks hereunder.
15. REPORTS:
a. Each and every report, draft, work product, map, record and other document produced, prepared or caused to be prepared by Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.
b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any individual or organization by Provider without prior approval of the City Manager or their designee. c. Provider shall,at such timeand in such form asCityManager or their designeemay require, furnish reports concerning the status of services and tasks required under this Agreement.
16. RECORDS:
a. Provider shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Provider's performance under the Agreement, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Agreement (collectively the "Records").
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DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6 b. AllRecords shallbemaintained in accordancewithgenerallyacceptedaccounting principles and shallbe clearly identified and readily accessible. Provider shall provide free access totheRecords to therepresentativesoftheCityor itsdesigneesduringregularbusinesshoursupon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Agreement. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Provider for aperiod of three (3) years after receipt of final payment.
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Agreement or failure to act in good faith, then Provider shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party's respective address listed in this Section.
b. Each notice shall be deemed to have been received on the earlier to occur of: (x) actual delivery or the date on which delivery is refused; or (y) three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
c. Either party may, at any time, change its notice address (other than to apost office box address) by giving the other party three (3) days prior written notice of thenew address. d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:
Cityof Alameda
Public Works Department
950 W. Mall Square, Room 110
Alameda,CA 94501
ATTENTION: Liz Acord, Public Works Coordinator
Ph: [email protected]
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:
HF&H Consultants, LLC
201Civic Center Drive, Suite 230
Walnut Creek, CA 94596
ATTENTION: Felisia Castaneda, Project Manager
HF&H
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f. All updated insurance certificates from Provider to the City shall be addressed to· the City at:
City of Alameda
Public Works Department
950 W. Mall Square,
Alameda, CA 94501
ATTENTION: JeanetteNavarro, Engineering Office Assistant Ph:[email protected]
18. SAFETY:
a. Provider will be solely and completely responsible for conditions of all vehicles owned or operated by Provider, including the safety of all persons and property during performance of the services and tasks under this Agreement. This requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law,and all other applicable federal, state, county and local laws, ordinances,codes,andanyregulationsthatmaybedetailed inotherpartsof theAgreement. Where any of these are in conflict, the more stringent requirements will be followed. Provider's failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein. b. Provider will immediately notify the City within 24 hoursof any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Provider will promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Provider's employee(s) involved in the incident; (iii) name and address of Provider's liability insurance carrier; (iv) a detailed description of the incident; and (v) apolice report.
19. TERMINATION:
a. In the event Provider fails or refuses to perform any of theprovisions hereof at the timeand in the manner required hereunder,Provider shall bedeemed in default intheperformance of this Agreement. If such default is not cured within two (2) business days after receipt by Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default,theCitymaythereafter immediately terminatetheAgreement forthwith by giving to Provider written notice thereof. b. The foregoing notwithstanding, theCity shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Provider as provided herein.
c. Upon termination of thisAgreement either for causeor for convenience,eachparty shallpay to the other party that portion of compensation specified in this Agreement that is earned HF&H
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DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6 and unpaid prior to the effective date of termination. The obligation of the parties under this Section 19.c. shall survive the expiration or early termination of this Agreement.
20. ATTORNEYS' FEES:
In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary againstanyotherparty,beneficiaryor assignee,toenforce,interpretor seekrelieffromanyprovision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney's fees and costs. Noparty or litigant shallbe entitled to recover any attorneys' fees or costs from any other party or litigant,regardless of which party or litigant mightprevail.
21. HEALTH AND SAFETY REQUIREMENTS.
Provider acknowledges that the City shall have the right to impose, at the City's sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g.masks),physicaldistancing, and health screenings. Provider also agrees to make available to the City, at the City's request, records to demonstrate Provider's compliance with this Section.
22. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Provider shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect themanner in which the services or tasks are to be performed by Provider,as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Provider shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City.
23. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
24. WAIVER:
A waiver by the City of anybreach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
Subject to the language of Section 30, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No HF&H
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DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6 verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreementwill be effectiveonly by written execution signed by boththeCity and Provider.
26. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
27. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (including by fax, PDF, DocuSign,or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
28. SIGNATORY:
By signing this Agreement, signatory warrants and represents that they executed this Agreement in their authorized capacity and that by their signature on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.
29. CONTROLLING AGREEMENT:
In the event of aconflict between the terms and conditionsoft his Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditionswherever contained,including,withoutlimitation,termsandconditionsincludedwithin exhibits, the terms and conditions of this Agreement shall control and be primary. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6 INWITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
HF&H CONSULTANTS, LLC
A California Limited Liability Company
~ ~ ---
Rob Hilton
President
. A?Senior Vice President
HF&H
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12 CITY OF ALAMEDA
amunicipal corporation
Jennifer Ott
City Manager
RECOMMENDED FOR APPROVAL
Erin Smith
Public Works Director
APPROVED AS TO FORM:
City Attorney
Len Aslanian
Assistant City Attorney
Service Provider Agreement
Version 05-23-23
DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6
City of Alameda
2023 Zero Waste Implementation Plan Update
Budget Estimate
EXHIBIT A
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Ees 5 s .., .., C pou r0 g0 0 3 3 Total Proposed Notesa. <t a. u 0 a a. f $330 $285 $245 $245 $225 $175 $160 $115 Hours Cost
1.1 Initiate Engagement 2 0 4 0 0 0 0 0 6 $1,640 One 2-hour meeting
1.2 Develop Request for Information 0 1 3 0 0 0 8 0 12 $2,300
1.3 Evaluate Current City Strategies, Programs, Outreach, and 7 0 29 11 30 0 13 0 90 $20,940 Assumes use of readily available and summarized data Partnerships provided by the City and partners.
1.4 Produce Current Programs Analysis Report 5 1 18 0 0 0 20 0 44 $9,545 Includes one 2-hour meeting with City Task1 14 2 54 11 30 0 41 0 152 I s @@as]
O- vs
- - - - o n
- - g -- r eer sere
Task2 Recommend7ero"" "" asl esandcurre nt Potty andProgramEnhancements
2.1 Develop Menu of Zero Waste Strategies 4 2 8 0 4 14 12 2 46 $9,350
2.2 Determine Short List of Options 4 0 12 0 0 2 0 1 19 $4,725 Includes one 4-hour workshop with City staff.
2.3 Update ZW Goal Date/Timeline - Preliminary 1 0 1 0 0 2 0 0 4 $925 Task2 9 2 21 0 4 18 12 3 69
I s o o@]
er" . -- at.s La. ,I. as a a
- - --- -- --ask3 UseData-DrivenApproachtoEstimate DiversionPotentialandCosts
3.1 Perform Cost and Diversion Analysis 9 14 18 38 4 42 4 0 129 $29,570
3.2 Perform Equity Scans 4 0 19 0 11 0 27 0 61 $12,770
3.3 Perform Funding Analysis 4 0 3 6 0 0 0 0 13 $3,525
3.4 Meet with City to Review Findings 5 0 12 6 0 4 0 0 27 $6,760 Includes one 2-hour meeting with City staff.
Task3 22 14 52 50 15 46 31 0 230 I ss@. s]
• - - - h at..t -- - e g
- - ta L
--Task4 CommunityEngagement,Survey, andPresentation
HF&H Consultants, LLC
9/6/2023
DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6 City of Alameda
2023 Zero Waste Implementation Plan Update
Budget Estimate
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s s 0 .... r0 g"ti 0 3 "ti Total Proposed Notesa. <t a. IJ 0 a a. << $330 $285 $245 $245 $225 $175 $160 $115 Hours Cost
4.1 Develop Community Survey 4 0 17 0 0 6 0 0 27 $6,535 Assumes City hires athird-party firm to conduct a statistically valid survey.
4.2 Present at Community Meetings 22 0 78 0 0 102 0 8 210 $45,140 Includes eight, 1-hour meetings, develoment of outreach strategy, and creation of presentation materials.
4.3 Present Engagement Results 3 0 9 0 0 10 0 4 26 $5,405 Includes one, 1-hour meeting with City staff.
Task4 29 0 104 0 0 118 0 12 263
I $57,080 I
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gr
- - oere
Prepare New Zero Waste Implementation Plan Report, Goal Date, and Tlmellne - --- -5.1 Draft Updated ZWIPfor City's Internal Operations 8 2 31 4 8 10 20 8 91 $19,455
5.2 Refine ZWIP 2 0 10 1 1 12 2 5 33 $6,575
5.3 Produce a Public Facing ZWIP 2 2 22 0 0 36 6 8 76 $14,800
5.4 Present to City Council 4 0 10 0 0 14 0 2 30 $6,450 Includes development of presentation materials.
Task 5 16 4 73 5 9 72 28 23 230 I $47,280 I
Total Budget 90 22 304 66 58 254 112 38 944 I $206,410 I Optional Tasks
Task1 Evaluate Past Plansand Review Effectivenessof Current Programs
1.5 Interview Key City Partners 0 0 16 0 34 0 0 0 so $11,570 Task 1 Optional Tasks 0 0 16 0 34 0 0 0 50
I s o ]
- - gg e
- rte
Task 3 Use Data -Driven Approachto Estimate Diversion Potential and Costs HF&H Consultants, LLC
9/6/2023
DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6 City of Alameda
2023 Zero Waste Implementation Plan Update
Budget Estimate
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5 s "C ..£ 0 E ..r ... "'t 0 .. » 0 C g 'i:... ...I 'i:) / c £ zs 5 G .. C D 3 e 3 r g "Ci 0 Total Proposed Notesa. £ a. u 0 a a. << $330 $285 $245 $245 $225 $175 $160 $115 Hours Cost
3.5 Benchmark Program and Policies of Other Agencies 1 2 10 0 0 32 0 0 45 $8,950
3.6 Perform GHG Emissions Analysis 0 0 12 8 0 28 0 4 52 $10,260 Task 3 Optional Tasks 1 2 22 8 0 60 0 4 97
I @zo ]
t.. •
- pa aa gg «
Task 4 Community Engagement, Survey, and Presentation
- -4.4 Develop Participation Process for City Operations 7 2 19 0 0 44 0 0 72 $15,235
4.5 Hold Focus Group Discussions 0 2 18 0 0 31 0 4 55 $10,865
4.6 Coordinate and Carry-Out Community Survey 4 0 27 0 0 26 0 10 67 $13,635 Task 4 Optional Tasks 11 4 64 0 0 101 0 14 194
I so7s]
- tau rearrggaacre. it.a.. au
-Task 5 Prepare New zero w aste Implementatio PPeP ort, Goal Date, and Timeline
5.5 Provide Additional ZWIP Presentations 2 0 5 0 0 8 0 0 15 $3,285 Task 5 Optional Tasks 2 0 5 0 0 8 0 0 15
I sss]
- -- a at - to, t
- - -- g
- -Total Costs
---TotalOptionalTasksBudget 14 6 107 8 34 169 0 18 356
I 7 so ]
Highlighted itemsreflect contingencyitemsto be executed at direction of City HF&H Consultants, LLC
9/6/2023
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Section 3: Proposed Work Plan
Overview
For over twenty years the City of Alameda has been a leader in the zero waste movement.
Since the first Zero Waste Implementation Plan (ZWIP) developed in 2010, The City has made significant strides in shifting the tide of waste disposal and implementing innovative solutions to reduce the amount of material sent to landfill. Despite the City’s steadfast efforts, the 2020 goal of reaching an 89% diversion level has not been achieved. However, the City is not alone. Jurisdictions across the state are finding it increasingly difficult to push past the 70%, 75%, and 80% diversion levels. Although recycling programs and other processing infrastructure has seen significant advancements over the past several years, a rise in the convenience economy, e- commerce, and complex packaging materials is producing more waste than ever before. Fueled by the economic and social uncertainty of the pandemic, Alameda is also experiencing a shift in the City’s demographics and waste generation patterns. This shifting landscape, coupled with the aforementioned global trends, poses challenges to zero waste that go beyond the “downstream” infrastructure and recycling efforts that have been the focus of most of the City’s effort.
To take your zero waste efforts to the next level, the City needs a partner who can bridge innovation and creativity with objectivity and reliability. By joining the Alameda Zero Waste team, HF&H offers a fresh perspective from someone who knows your system, programs, and regional efforts extraordinarily well. HF&H will support the City in understanding how upstream (i.e., reducing waste generation) and midstream (i.e., increasing reuse opportunities and extending product lifecycles) soluti ons can build off existing programs and policies. With an emphasis on the science of change management and community based social marketing, HF&H will guide the City in evaluating and selecting new strategies to make significant advances that go beyond me re landfill diversion. Just as the City’s climate action planning has evolved over time to reflect concepts like resilience and adaptation, the City’s zero waste planning should evolve to consider a broader framework for sustainability. By considering a manifold perspective, you are likely to find more supportive audiences and more motivation for the change management that has to happen. In the City’s General Plan, the Zero Waste section adds “equity”, “access”, and “character” to the historic focus on “env ironment.” These values can guide the selection of which options to included in the final ZWIP as well as how the City approaches implementation.
As described further below, HF&H will approach the zero waste planning efforts for the City with a commitment to develop a practical ZWIP, based on facts and analysis. We will By joining the
Alameda Zero Waste
team, HF&H offers a
fresh perspective
from someone who
knows your system,
programs, and
regional efforts
extraordinarily well.
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provide the City a menu of options with a realistic estimation of cost and diversion potential. From programs and policies chosen off the menu by the City, and based on input from the stakeholder process, HF&H will develop an actionable plan for achieving the City’s zero waste goal. The updated ZWIP will integrate stakeholder input throughout the process and demonstrate that priorities have been set based on community needs and a logical cost-benefit analysis as further described below.
Balancing of Goals and Costs
HF&H will provide the City with a realistic and financially -sound ZWIP for achieving the City’s zero waste goals. We will accomplish this by synthesizing several pieces of our analysis as described below.
• Cost-benefit analysis. We will conduct an analysis of programs and policies that allow us to examine the cost -benefit relationship of each option. As a result, we can take into consideration diversion potential, capital and on- going program costs, cost per diverted ton, and other qualitative factors such as equity, access, and character. To further bolster this analysis , HF&H recommends the City consider conducting an equity scan analysis on programs or policies identified as “high-impact.” These programs or policies would be identified based on the overall variance of expected impacts to different community groups or populations.
Evaluating policies and programs with a particular focus on equity will provide closer alignment with the City’s General Plan while also ensuring maximum success of implementation through wider spread adoption. HF&H has included additional details about equity scans for the City’s consideration in Optional Task 3.6. • Prioritization of programs/policies . The selected programs will be prioritized based on a set of values agreed -upon with the City during the early design phase of this project. For example, one approach could be to focus on first implementing the programs/policies that either reduce overall system costs, require incremental investments in existing infrastructure, or begin the behavior change and education process early. Alternatively, we could prioritize those programs/policies for which funding is more readily available or blend these approaches for a more tailored implementation strategy. In most plans, the early priority programs often involve building off current programs. However, the City may wish to prioritize new programs or more extensive regulatory structures that require greater investments, longer development time, and more targeted and deliberate public engagement. Ultimately, the values guiding the planning process and the stakeholder input will inform this prioritization.
• Consideration of p hased implementation. Phased implementation can lead to higher returns as programs and policies continue to build off each other, evolving over time to maximize performance. Additionally, this allows for start-up, capital, and on-going operating costs of the more expensive programs to build economies of scale and/or be spread out over time. A phased implementation strategy will allow the City adequate time to evaluate the results of new programs and policies and adjust how or when to implement additional programs and policies. For example, if diversion results are higher than anticipated for one or more strategies, the City may delay or eliminate implementation of one or more additional strategies.
Our approach will align with the City’s Climate Action and Resiliency Plan and 2040 General Plan to maximize the benefits of zero waste across the entire Alameda community. We will take the overarching priorities of “empower”, “reduce”, “prepare”, and “protect”, among Our approach will
align with the City’s
Climate Action and
Resiliency Plan and
2040 General Plan to
maximize the benefits
of zero-waste across
the entire Alameda
community.
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others, laid out in these plans to ensure coordinated regional and local planning efforts are implemented. For example, expanding the construction and demolition program to focus on salvageable materials and resource recovery through deconstruction can tie into other goals listed in the 2040 General Plan such as historic preserv ation and on -island employment to support social vulnerability and environmental justice. Our proposed Work Plan, described below, is fully responsive to the City’s required scope of work and includes additional “Optional Tasks” the City may choose as added enhancement to our scope.
Task 1: Evaluate Past Plans and Review Effectiveness of Current Programs
“Proposer shall provide a comprehensive review and evaluation of City’s progress towards latest Zero Waste Implementation Plan (link provided in RFP Exhibit A) and stated diversion goal, including effectiveness of any previous strategy work completed and current City programs, outreach and partnerships. Proposers shall evaluate whether City is meeting its Zero Waste goal and proposers will prepare a detailed report for inclusion in the new Plan that measures progress towards goal.”
Task 1.1: Engagement Initiation
HF&H will initiate the engagement by meeting with the City to ensure alignment on project goals and discuss key issues. This meeting will ser ve as a forum for reviewing the project approach, objectives, key milestones, and deadlines. The kick-off meeting will provide an opportunity for the City to provide additional context surrounding its unique situation which will help ensure the project de liverables are congruent with the City’s goals.
Additionally, during the kickoff meeting, we will begin to discuss key elements of the City’s current zero waste approach and potential new strategic directions the City is interested in. As we have done with the City in our prior engagements, we will also establish communication and workflow preferences as well as recurring project team meeting times to ensure successful management of the project and collaboration throughout the engagement. HF&H plans to incl ude the Project Manager and Project Director at this meeting.
Task 1.2: Request for Information
HF&H will prepare a Request for Information (RFI) to gather the data necessary to conduct the various reviews and analyses described in Task 1.3 and 1.4. HF&H will provide a preliminary version of this RFI for discussion in the kick-off meeting described in Task 1.1.
Following the kick-off meeting, HF&H will refine the RFI and add details about timeline and responsible parties to the RFI. The RFI will include items such as the City’s most recent Electronic Annual Reports, facility and hauler reports, waste characterization data, demographic data, an inventory of City facilities, and reports from other third -party City contractors and partners. The information gathered will allow us to evaluate program data on waste generation, diversion, disposal, customer participation, costs, and other relevant data points. To avoid redundancies, we will also include in this request information needed to perform the diversion and cost analyses described in Task 3.
Before City staff works to gather any information to fulfill the RFI, HF&H will compile information from CalRecycle, StopWaste, the City’s website, and our past engagements with the City to reduce the scope of the data request. For those documents we may not already have, our deep understanding of the Alameda syst em and key players, especially ACI and StopWaste, will allow us to alleviate some of the City’s burden in tracking down information as we can help identify for the City what specific report or resource to request and which source to get it from.
Task 1.3: Evaluation of Current Strategies, Programs, Outreach, and Partnerships HF&H will focus our evaluation on the below priority areas identified in the 2018 ZWIP:
1. Supporting Zero Waste Culture in Alameda
Task 1: HF&H will provide a
thorough evaluation of the
City’s zero waste progress
since the 2018 ZWIP that will
help guide the new strategic
direction.
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2. Conducting Targeted Technical Assistance to Commercial and Multi-Family Sectors
3. Creating a Food Recovery Program and Enhancing Organics Management
4. Updating Alameda’s Construction and Demolition Debris Recycling Ordinance and Conducting Outreach
5. Expanding High Diversion Programs Within the City’s Franchise Agreement For each priority area, we will gather key statistics (based on available data) including, but not limited to:
• Total waste generated, avoided, diverted, or disposed. • The latest waste composition data.
• Demographic data.
• Disposal rates per capita.
• Air space utilization (lbs/cy).
• Hauler diversion levels for various industry sectors. • Participation rates.
• Contamination levels.
We anticipate working with the data presented in the City’s Electronic Annual Reports, hauler reports, and other readily available sources of data to summarize progress m ade since the latest ZWIP update in 2018. We will use the data available to provide both a City- wide and sector specific analysis on diversion progress through the 2022 calendar year. To further this analysis, we will review and summarize characterization data from CalRecycle and StopWaste’s most- recently-completed studies to account for overall increases in waste generation and total available diversion potential. In addition to a quantitative evaluation, HF&H will perform a qualitative analysis of diversion programs implemented and how the public was educated and engaged under each of the priority areas. Coupling quantitative and qualitative
analyses will provide the City with insights into any
underutilized programs and where current programming could be optimized.
Understanding why certain programs did not deliver anticipated diversion results will expand the menu of possibilities for the City going forward and could also lead to significant cost savings. For example, if technical assistance programs show not to have delivered the expected diversion results, a qualitative analysis of the program may find that staff trainings on community based social marketing techniques could increase the success rate of their visits. Implementing a training program would allow the City to continue capitalizing on their current investment into the technical assistance programs and avoid costly program redesign efforts.
A qualitative analysis will be particularly important to evaluate strategies aimed at improving Alameda’s zero waste culture and the effectiveness of outreach and education efforts. To perform this analysis, HF&H will work with the City to develop a list of qualitative criteria to evaluate that includes measures relating to the City’s overall goals and value s.
We will utilize this list to develop a “scorecard” that assesses items such as the level of City staff effort in implementing and managing the program, generator acceptance of the program or policy, degree of behavior modification, equitable distribution of impacts, and community access to programs and resources. HF&H will evaluate education and outreach collateral and other community engagement strategies against baselines established though community based social marketing best practices. Each item on the scorecard will be ranked using a relative scale and compared to quantitative metrics such as disposal tonnages to determine the overall effectiveness of each strategy to improve the City’s zero waste culture.
A qualitative analysis will be
particularly important to
evaluate strategies aimed at
improving Alameda’s zero
waste culture and the
effectiveness of outreach and
education efforts.
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Staff Interviews
To further our evaluation, HF&H will conduct one two-hour interview with City staff. HF&H will plan and facilitate the meeting with Staff to identify specific elements of each program that work well or present challenges. We will discuss the level of effort required to run each program and use this information to evaluate if programs were implemented to their fullest potential. HF&H will use information gathered through this staff interview to provide the City with an objective picture of the overall success of zero waste programs implemented since 2018. As an optional task, HF&H can provide additional interviews with external partners to gain an even deeper and more nuanced understanding of the City’s current efforts. Additional interviews are described under Optional Task 1.5.
Task 1.4 Current Programs Analysis Report
Based on the information gathered and work performed in Subtasks 1.1 through 1.3, HF&H will prepare a summary, PowerPoint-style, report to guide a discussion with the City about current performance. The report will address the successes and challenges of current programs and policies implemented under the 2018 ZWIP, gaps in implementation that may have impacted diversion results, and any preliminary observations about potential improvements to the City’s zero waste strategy . The Report will include an estimated timeline for reaching the City’s zero waste goal if the status quo is maintained and the variance between the estimated timeframe and the City’s target date. HF&H will provide the City an opportunity to review and comment on the drafted report and comments will be incorporated into the Final ZWIP developed under Task 5.
Optional Tasks
Optional Task 1.5 Interview City Partners
Upon City request , HF&H can conduct additional interviews with key City partners to further our evaluation of the City’s current programs and policies. Interviews could be conducted with partners such as CASA, ACI, StopWaste, the Chamber of Commerce, or food recovery organization and services. The City may also find it valuable to interview businesses to provide insight into how technical assistance programs have benefited the business community. In this optional task we have proposed a budget to conduct up to five thirty-minute interviews with businesses and up to four one-hour interviews with external City partners.
For each interview, HF&H will plan and facilitate the meeting and incorporate our findings into the final report described in Task 1.4.
Task 1 Deliverables
• ZWIP Progress Report 2018 – 2022 delivered via PowerPoint • Meeting agenda and minutes
• Request for Information
Our team’s prior
experience includes
working for large
regional haulers
and managing
outreach teams in:
San Francisco,
Santa Cruz, and
The Monterey
Peninsula.
These experiences
will produce
nuanced insights
for the City to
understand the full
potential of their
outreach programs.
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Task 2: Recommend New Zero Waste Strategies and Current Policy and Program Enhancements
“Proposer shall provide a comprehensive review and evaluation of City’s progress towards latest Zero Waste Implementation Plan (link provided in Exhibit A) and stated diversion goal, including effectiveness of any previous strategy work completed and current City programs, outreach and partnerships. Proposers shall evaluate whether City is meeting its Zero Waste goal and proposers will prepare a detailed report for inclusion in the new Plan that measures progress towards goal.”
The City of Alameda has worked diligently towards an ambitious zero waste goal for the last twenty years. Despite the City’s notable progress toward this goal, diversion continues to fall short of 90%. At this juncture, the City requires a new approach that considers the current cultural, social, and economic climate, employs new and creative strategies, and maintains feasibility. This will require a holistic view of what it means to be a “Zero Waste City.” HF&H will work closely with City staff to align on a strategic approach that threads upstream, midstream, and downstream programs to not only meet a specific diversion number, but to ensure the manifold social, economic, and environmental benefits of a zero waste community are realized , including a healthier community, cleaner streets and waterways, access to pristine parks, and a thriving local economy. To develop an approach that meets these goals HF&H will prepare a menu of waste reduction and divers ion programs and policies and their related costs (Menu). From this Menu, the City can pick and choose where to focus efforts and which programs to pursue in both the short and long-term. Below, we describe how we propose developing the Menu and selecting and prioritizing the programs and policies that will be included in the Updated ZWIP.
Task 2.1 Develop Menu of Zero Waste Strategies and Enhancement Options As part of every planning process, alternatives must be identified, screened, evaluated, shortlisted, analyzed, benchmarked, and ultimately a decision needs to be made about whether to proceed with that option or combination of options. The starting point for this process is a broad menu of options (perhaps more than 100) that the City could consider for addressing the needs identified in Task 1. HF&H proposes developing the Menu through an iterative process that works closely with the City . The Menu will include a wide range of options with key information including a brief description, target sector(s), relative cost and resource needs, and relative diversion potential for easy comparison. The Menu will include new, revised, and enhanced programs and policies targeting various sectors and material types including, but not limited to, City operations, single-family premises, multi- family premises, commercial businesses, reusable materials, recyclable materials, organic materials, and special materials (universal waste, sharps, pharmaceutical waste, oil, filters, e-scrap). Program and policy options may include:
• Waste reduction efforts,
• Education and outreach activities,
• Material and disposal bans,
• Collection services,
• Extended producer responsibility initiatives, and
• Processing activities.
Menu options will also identify how they can integrate into the City’s larger development goals outlined in the 2040 General Plan. Innovative models such as Alameda Point Collaborative’s partnership with FoodShift’s Culinary Training Program to promote workforce development and food recovery will help instruct how other policies, such as a mandatory deconstruction ordinance , can serve to increase local employment opportunities, diversion, and historic preservation. For each Menu option, HF&H will additionally consider the equitable distribution of both direct and indirect costs and Task 2: HF&H will work
closely with City staff to
align on a strategic approach
that threads upstream,
midstream, and downstream
programs to not only meet a
specific diversion number,
but to ensure the manifold
social, economic, and
environmental benefits of a
zero-waste community are
realized
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benefits in different sectors of the community. Utilizing this lens will help integrate the City’s broader goals and identify which stakeholders will be most impacted by each proposed program or policy.
We will draw on our experience to offer the City a comprehensive range of options including popular and commonplace programs and those that are bold, new, and creative.
HF&H will also utilize our legislative expertise to anticipate policies that can leverage statewide legislation including the recently passed Plastic Pollution Prevention and Packaging Producer Responsibility Act, SB 54.
Once the full Menu of zero waste policies and programs is generated, we will work together with the City to develop a short-list of programs and policies that will be further analyzed for their cost and resource needs and diversion potential in Task 3.
Task 2.2 Determine the Short List of Options
We anticipate that the selection of programs and policies for the short list of Menu options will be based on the values established in Task 1 of this engagement and criteria established with input from various internal and external stakeholders. HF&H will provide the full Menu to City staff and will support City staff in discussing the Menu with relevant internal stakeholders, both formally and informally, to gather feedback on criteria to prioritize. It is likely criteria used to select and prioritize programs and policies will focus on multiple considerations including, but not limited to, cost -benefit analysis, return on investment, equitable distribution of costs and benefits, equitable access to programs and services, diversion potenti al, ease of implementation, job creation, and GHG benefits.
Understanding how various stakeholders prioritize these criteria will aid in the selection process by focusing on programs most likely to be widely accepted. Part of this process will include a consideration of how the priorities of the Public Works department can integrate with the priorities identified in the City’s General and Climate Action and Resiliency Plans.
Bridging key values such as economic development, equity, and community empowerment will further engage key stakeholders, increase community participation, and increase the level of support for the updated ZWIP.
To support the selection and prioritization of options, HF&H will facilitate an in-person half- day workshop with City s taff to review the Menu options, discuss key priorities, and confirm which options the City would like to perform a full analysis on. HF&H will provide guidance to the City on programs or policies that work best when implemented together to help understand the fu ll diversion potential of various programs and policies. For innovative solutions, particularly those involving upstream approaches, there may be limited data available to provide real-life cost and diversion comparisons. In this case, we will rely on relevant proxy data points and highlight for the City any key assumptions made to support our recommendations.
Planning-level estimates for diversion potential and cost impacts will be prepared for up to twelve short-listed menu options. This number is based on the number of focus areas selected in the 2018 plan. If more or less menu options are needed, the budget could be scaled accordingly. Further details on the methodology for performing the cost, resource, and diversion analyses are described in Task 3.
Task 2.3 Updated Zero Waste Goal Date and Timeline
The finalized and short-listed Menu will be used to provide a preliminary estimate on when the City may anticipate achieving their zero waste goal. The estimate will largely be based on whether the City is opting for a more or less aggressive zero waste approach as determined by the programs and policies chosen for the shortlisted Menu. This estimate will be further refined after a detailed analysis of the diversion potential and cost and resource needs for each of the shortlisted Menu items is performed in Task 3. Once this detailed analysis is performed, the City may wish to eliminate some options from the shortlisted items or reevaluate how or when they are implemented. This will result in a HF&H has both
local and state-
wide zero waste
planning and
implementation
experience
including work with
every agency
within Alameda
County that
contracts with ACI
and its affiliates.
We have also
supported zero
waste communities
across the state
such as:
• San Jose
• Oakland
• San Diego
• Santa Monica
• Carlsbad
• Oceanside
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final set of policy options and programs the City wishes to implement and will provide HF&H the ability to more accurately calculate an updated zero waste goal date and timeline for evaluating progress.
Task 2 Deliverables
• Preliminary estimate of new zero waste goal date
• Estimate of proposed timeline to evaluate progress toward goal • Draft and revised draft of full program and policy Menu • Draft and revised draft of Menu of short-listed options Task 3: Use Data-Driven Approach to Estimate Diversion Potential and Costs
“Proposers will provide data supported diversion estimates for any recommended strategies or enhancements in Task 2, and provide an estimate of staff time and external/additional costs for executing future items. Proposers will utilize data from CalRecycle, City’s franchised hauler and technical assistance contractors who have identified diversion tonnage not being captured for the City among other sources to ensure thorough evaluation of proposed diversion targets and cost.” The detailed analysis required by this Task will involve a deep understanding of the City’s internal operations, community resources, and reliable data sources. The City will benefit from HF&H’s prior experience with the City negotiating a high diversion franchise agreement and updating City ordinances for SB 1383 compliance as we can build on the previously used Excel program models that analyzed costs, diversion potential, cost - effectiveness, and staffing needs to initiate this analysis work quickly and efficiently.
HF&H has conducted similar cost, diversion, and staffing needs analysis for dozens of jurisdictions, originating with the Zero Waste plans for leading California agencies like San Diego and Santa Monica . Most recently our analyses have focused on SB 1383 program and policy options which have been conducted for a multitude of jurisdictions throughout the state. As a result, HF&H has established cost models for a variety of topics such as:
collection and processing option s; SB 1383 program and enforcement implementation; program options; cost of service; and more. These models help jurisdictions visualize one- time and ongoing costs and full- time equivalent staffing needs for various programs and policies, each broken down by the different program options, delegation approaches, and timelines determined by the City. HF&H will leverage these tools to benefit the City’s zero waste planning by focusing on customizing variables to fit the City’s unique conditions and program-specific baseline data.
Task 3.1: Cost and Diversion Analysis
HF&H plans to provide planning-level estimates in the cost-benefit analysis that can include several elements including, but not limited to, costs, diversion potential, cost effectiveness (cost per diverted ton) , and job creation (staffing needs) for each of the programs or policies identified in Task 2.2. The scope of the analysis to be performed by HF&H will be developed with the City and can include some or all of the following activities:
Cost Based on Program Phases. Cost analysis will consider where differentiation is needed to reflect various program phases, such as:
• Program start-up costs and capital investments;
• On-going operations and maintenance costs; or,
• Phased implementation plans, if any.
Diversion Potential. Diversion analysis will examine the potential recovery of a program based on increases to current program performance, estimated capture rates of materials currently disposed, and benchmarks from other, similar programs.
Task 3: HF&H will utilize
tested cost models to help
the City visualize the
resources required to
implement selected
programs and policies and
their impacts across the
community.
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Cost Effectiveness. Cost effectiveness will be measured by calculating and comparing the cost-per-ton diverted for each program option to other program options.
Staffing Needs. Estimated increases in City staffing needs, which can be considered as a benefit in the form of job creation, will be evaluated, including:
• Number of staff involved;
• Employee classification options and internal delegation approaches; • Processes needed during each stage of program development and implementation, such as : employee training ; manager oversight ; meetings; director-level policy discussions; and other procedural obligations; and,
• External delegation options (e.g., support from ACI, consultants, partnership organizations, or other programs).
Community Benefits. In addition to monetary and staffing resources, the City may consider other innovative metrics to include in its cost -benefit analysis. For example, the City may also want to factor in socioeconomic and environmental justice factors, economic development impacts, or quality of life improvements such as cleaner waterways and shorelines.
HF&H’s cost-benefit models are structured to be quickly reviewed and easily understood , while incorporating the detail necessary to facilitate a robust planning effort. HF&H anticipates using readily available data from CalRecycle, the City’s franchised hauler, and technical assistance contractors to identify diversion potential. However, in the absence of City-specific cost or program data, HF&H will assemble reasonable benchmarks from similar programs and jurisdictions to fill in data gaps. The City is very familiar with HF&H’s cost modeling expe rtise as we routinely utilize similar models during our contract negotiations and rate setting with ACI. When preparing cost-benefit analysis, the City can rely on HF&H to be transparent with the cost- benefit model and underlying assumptions so that the City can provide input on the framework of the model and assumptions and can gain a level of comfort with the results.
The City will receive robust cost analysis tables displaying ranges with low and high estimates for one-time and on-going costs, as well as an indication whether programs may be phased in and how costs may be impacted over time.
Task 3.2 Funding Analysis
A sound funding strategy is essential to move the updated ZWIP forward and see it fully implemented. One of HF&H’s strengths is its ability to perform cost-benefit analyses and to strategize on sustainable funding methods. In fact, we are the statewide thought-leaders in this area. For example, CalRecycle engaged HF&H to develop and present a series of workshops statewide on the subject of “High Diversion and Zero Waste Funding Strategies for Local Government.” We were the consulting firm selected by StopWaste.Org (Alameda County Waste Management Authority) to calculate their Household Hazardous Waste Fee, which shifted funding of the program from fees levied on landfill tipping fees to fees assessed on customers through the property tax roll. We have also recently completed cost of service reviews of ACI and negotiated the City’s solid waste collection agreement with ACI, an experience that un iquely qualifies HF&H to understand the nuances of costs, available resources, and funding coming from the implementation of the City’s franchised services. With this type of expertise and experience, the City can rely on HF&H to develop a sound funding strategy for the City.
To begin the process, we will examine the revenue sources the City currently uses to fund its diversion-related programs looking at the most-recent five-year trend for those revenue streams and related reserve funds. In this process, to the extent practica l with the data available, we will graphically map the sources and uses of funds to illustrate for the City HF&H is uniquely
qualified to
understand the
nuances of the City’s
costs, available
resources, and
funding coming
from the
implementation of
the City’s franchised
services.
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how the funding and programming aspects of the City’s system interact. We will consider what programs and policies can be implemented with the exist ing revenues and for how long and present a range of new funding strategies with a summary of pros and cons for each. We will consider strategies such as local retailer and extended producer responsibility programs, fees through collection rates, processin g and disposal facility surcharges, permit fees, available state funding/grants, and other mechanisms. Our funding options analysis will include an estimate of revenues that can be generated through each funding strategy, the relative volatility/predictability of those streams over time, and an assessment of the economic and budget impacts of adopting the proposed strategies, including financial implications to the City, customer rates, industry, and diversion potential.
We will meet with the City in Task 3.3 to present and discuss the funding options and work together to select the preferred strategy(ies). A key objective will be the development of a funding strategies proposal that results in a diversified and stable funding approach that generates sufficient revenues to cover the cost of implementing the proposed recommendations. For this reason, we will consider the phased implementation timeline of the various recommended programs/policies in the ZWIP and match the implementation timing of various funding strategies to bring needed revenue in at the right time. The funding strategies proposal will present the preferred strategies, a brief description of each, its revenue potential, identification of what program/policies the funding method would support, and the timing for implementation.
Task 3.3 City Staff Meeting to Review Task 3 Findings
HF&H will facilitate a meeting with City Staff to review the findings of Subtasks 3.1 and 3.2.
The presentation will be made in Excel in order to provide both the sum mary results and detailed assumptions that build up to them. This will allow some interactivity around the analysis and the ability to play with “what if” as we discuss the findings. At this meeting, we will review the programs identified in Subtask 2.2 and their projected diversion and resource impacts calculated under Subtasks 3.1 and 3.2. We believe that this meeting is a critical step as solicitation of staff feedback will inform the most appropriate programs and policies to include in the updated ZWIP.
Optional Tasks
Optional Task 3.4 Benchmarking Program and Policies of Other Agencies Both the City and HF&H recognize that we can learn from the experience of others that have developed and implemented zero waste plans. As an addition to the cost, diversion, and funding analysis performed in Task 3, we can provide benchmarks for programs and policies in up to four leading sustainable resource management and zero waste communities comparable to the City of Alameda. We will provide narrative, graphic, an d spatial comparisons to showcase the successes and challenges other jurisdictions have faced on their zero waste journey. HF&H is uniquely qualified to provide the City with relevant and detailed benchmarks for various programs and policies because many o f these agencies are our ongoing clients with whom we work closely on various aspects of their zero waste planning and implementation. Our internal database and institutional knowledge will ensure the City is getting the most up -to-date and relevant inform ation available.
In addition to our broad understanding of zero waste efforts throughout California, we have a high familiarity with what is happening within Alameda County and the City itself based on our recent work with Castro Valley and the Cities of Dublin, San Ramon, San Leandro, Oakland, and Alameda. We will use this experience to provide the City the most relevant benchmarks for comparison.
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Our findings will be used to provide insight into the feasibility of programs and policies developed in Tasks 2.1 and 2.2.
Optional Task 3.5 GHG Emission Analysis
HF&H can prepare an estimation of GHG emission reductions, which will help align the zero waste strategy with the City’s Climate Action and Resiliency Plan (CARP). HF&H will use an in-house, hybrid GHG calculation method that relies on EPA’s Waste Reduction Model for estimating GHG emissions reductions for non -organic materials and California’s Air Resources Board (CARB) method for estimating emissions reductions from the diversion of organic waste (foo d waste, compostable food -soiled paper, and yard trimmings) from landfills to compost facilities. We have found this analysis is valuable to agencies that want to consider impacts beyond just cost and tonnage diversion in their decision -making process.
Optional Task 3.6 Equity Scans
An essential element to achieving the City’s zero waste goal is widespread community adoption of programs and policies . HF&H can support the City in taking a critical look at how various programs and policies impact different po pulations throughout the City by conducting equity scans. Performing a comprehensive equity scan will provide deep insight into which populations may have challenges accessing resources, participating in programs, or taking advantage of available community benefits. This in turn will allow the City to design programs from the beginning to overcome these challenges, providing greater benefit to, and buy-in from, the community.
HF&H has an established diversity, equity, and inclusion committee (DEI C) that meets regularly to discuss and address issues related to solid waste programs, policies, and infrastructure. The committee advises our firm on strategies to ensure diversity, equity, and inclusion are considered throughout all of the tools and processes HF&H uses to serve our clients. Additionally, the Project Manager proposed for this project currently sits as the Co-Chair for the Northern California Recycling Association’s Diversity, Equity, and Inclusion Committee. This experience will ensure the City receives the latest insights from industry best practices throughout the state.
HF&H will perform equity scans on up to three programs or policies determined by the City. To perform the equity scan, HF&H will first identify a team to perform the scan.
Ideally, the team will be composed of four or five individuals who can provide diverse and nuanced perspectives throughout the scan process. HF&H recommends including at least one City staff member as part of the scan team. Once the team is identified, HF&H will facilitate a three-hour workshop to perform the scan. During this workshop the team will identify all impacted stakeholders, the level of positive or negative impact for each stakeholder group, challenges or barriers to participation, and soluti ons to mitigate inequitable challenges and inequitable distribution of impacts. The results of the scan will be summarized for the City and utilized to develop recommendation for the final updated ZWIP.
Task 3 Deliverables
• Cost, resource, and diversion analysis
• Final list of City-approved programs and policies to include in the updated ZWIP DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6
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Task 4: Community Engagement, Survey and Presentation
“Proposers should include in their response a robust, diverse community engagement plan that at minimum includes two community meetings with City staff and a community wide survey, and presentation of engagement results to City staff. The community engagement plan should aim to capture a broad representation of the community and reflect the diverse ideas of the community’s input. Proposer will include a report outlining community input efforts and response in the Plan.”
Achieving the City’s zero waste goal will involve participation and commitment from a wide range of stakeholders. Given this, we are pleased that the City has emphasized engaging the participation of stakeholders in this planning process. Hearing from City staff, residents, businesses, haulers, community organizations, and others about their current experiences, recommendations for improvements, and ideas for furthering diversion efforts is essential.
It will result in the creation of a ZWIP that uniquely reflects the City of Alameda and that is more likely to garner support from various stakeholders and the City Council.
HF&H has a long history of engagement with the City of Alameda. Most recently, during the City’s solid waste procurement process, we engaged directly with CASA, th e City’s economic development team, and the Alameda Chamber to educate stakeholders on the procurement process and solicit feedback on programs and priorities. This recent engagement means relationships with these groups are still fresh and will allow us t o quickly reengage with these key stakeholders. Below, HF&H presents a participation strategy that includes two community meetings and a community -wide survey, as requested in the RFP. We believe, however, that this is a minimal strategy and would be more valuable by enhancing the process with additional elements to engage more of the public throughout the planning process. One element we would like to discuss further with the City if selected for this engagement is the incorporation of Geographic Information Systems (GIS) services to assist with spatial analysis and community engagement.
GIS is a computer -based system that collects, maintains, stores, analyzes, outputs, and distributes spatial data to explore relationships, patterns, processes, and trends.
Conducting analysis and displaying findings in a geographic format can assist in decision - making by representing relationships that general quantitative trend analyses may not. For example, a spatial analysis of a hauler route can easily display a range o f attributes from missed pick -ups to time lags to contamination monitoring, all in the same visual representation. The visual and spatial analyses that GIS services can provide are particularly effective in engaging various stakeholder groups and summarizing data in a digestible manner. HF&H has an in-house GIS team that is available to work on spatial and relational analyses and map making projects. Some of these analyses and accompanying graphics will be incorporated in the stakeholder presentations descr ibed throughout this task assuming data is readily available. If heavy data collection or clean-up is needed, HF&H can work with the City to determine if additional resources or budget will be required to perform the GIS services requested.
Additional enhancements to the community engagement strategy are proposed as “Optional Tasks” in our budget for the City’s consideration. We don’t want these “extra” scope items to count against our cost score and, because they are not required proposal elements, we have not offered them as part of our base proposal.
Task 4.1 Community Survey
Since our founding, HF&H has relied upon public opinion survey efforts to help agencies understand what the public values and how they view public services provided to them.
These surveys often provide a more robust understanding of public opinions than community meetings can offer. Our experience includes preparing and working with public opinion survey firms on dozens of surveys for public agencies . Recently, we worked with the City and its third-party survey firm on a recent survey for the City related to the City’s Task 4: Our proposed
community engagement
strategy includes developing
a community survey and
hosting meetings that
increase diverse
representation from the
community.
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franchise collection services. The results of the survey were presented at workshops to stakeholders throughout the procurement and negotiation process. Both the results of the survey and discussions from the workshops guided key program decisions. Another recent and highly relevant example is a statistically -valid public opinion survey for Carlsbad in which HF&H designed the survey relat ed to public opinions on recycling programs and Sustainable Materials Management (SMM) policies (e.g. single -use plastics, sustainable building practices, circular economy, etc.) to inform the City’s adoption of some of the most progressive SMM policies in the state. This allowed for a robust survey approach that supported the City Council’s decision -making process in the face of numerous interest groups.
Considering the benefits and success we have seen working with a third -party firm to implement a stati stically valid survey, HF&H recommends utilizing this approach for the City, and we have described that approach here. If the City wishes to have HF&H plan and implement the entire survey, we can provide that service and the associated budget is described under Optional Task 4.7. While this is listed as Task 4 in the scope of work, we propose implementing some form of public opinion survey early in the development of the updated ZWIP (likely in Task 2 or 3) to ensure community voices are incorporated into the foundational elements of the ZWIP.
HF&H will support the City in managing the survey process and coordinating with the selected survey firm. This management will include attending a kick -off meeting with the City and the selected firm, tracking the agr eed upon timeline and action items, and following up as needed with responsible parties to ensure tasks are completed on time. In addition to ongoing oversight of the survey process, HF&H will provide input on the survey questions and final survey format/platform. Coupling the statistically valid survey process of the selected firm and the deep industry knowledge of HF&H, the City can feel confident they will receive relevant and insightful survey responses. At the end of the survey, HF&H will analyze and s ummarize survey results to highlight community trends and develop recommendations for the City’s ZWIP.
Task 4.2 Community Meetings
Our prior experience in the City of Alameda provides a direct and relevant case study for how to produce successful community meetings. HF&H will build off our prior experience to improve the reach of these meetings. While one community meeting may focus on traditional zero waste stakeholders such as the business community, haulers and community recyclers, and environmental groups, we recommend at least one meeting target the broader public. This may include groups historically burdened by environmental inequities or who may not see zero waste as a relevant issue such as families with young children, households living below medium inco me levels, restaurant workers, multi- generational households, and community health advocates. Gaining buy -in and relevant feedback from these community members will necessitate messaging information about the ZWIP in a way that highlights how the City’s ze ro waste goals overlap with the City’s economic and cultural goals. HF&H will build engaging presentation materials and take - home infographics and craft messaging that helps community members understand the full range of potential costs and benefits that m ay impact them as a result of the ZWIP’s implementation. To connect with these stakeholders, HF&H will work with the City to identify and strategize solutions for inclusive participation and overcoming attendance barriers such as conflicting work schedules, availability of childcare, and translation needs.
We will work closely with the City to strategize on when to hold each meeting and reserve a portion of each meeting as an open forum to invite input from those in attendance. If the technology is availab le, we also recommend broadcasting the meetings live, allowing questions from virtual attendees, and providing presentations and survey materials digitally for those who could not participate in person.
HF&H will build engaging
presentation materials and
take-home infographics, and
craft messaging that helps
community members
understand the full range of
potential costs and benefits
that may impact them as a
result of the ZWIP’s
implementation.
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Task 4.3 Presentation of Engagement Results
HF&H will hold one, virtual, meeting with the City to review and discuss the input received from stakeholders and determine how to incorporate agreed -upon comments and ideas into the final recommendation and updated ZWIP. HF&H will create a visually graphic PowerPoint to highlight the methodology used to gather community feedback and the result of such engagement. We will analyze the community outreach efforts to highlight any trends across the community, missing stakeholder groups, and unique or innovative ideas. H F&H cannot commit to conducting a complete cost -benefit analysis on all stakeholder-suggested programs, largely due to the often vague and speculative nature of such suggestions, however the input and suggestions can be a valuable tool in envisioning the City’s future path towards zero waste and should be recognized in the plan. We will also use the input to guide us in selecting and prioritizing the programs and policies that will be included in the final updated ZWIP. We will include the summary of stakeh older input within the ZWIP and include individual community responses as an attachment for future reference.
Optional Tasks
Optional Task 4.4 Participation Process for the City’s Internal Operations To realize the City’s zero waste goal, City staff from all departments and across all staffing levels will need to be engaged, educated, and empowered to implement zero waste practices. City staff not only serve as a model for the community, but many staff will play a key role in how individual programs and policies are implemented and enforced. Due to the large role City staff plays in realizing the City’s vision, HF&H recommends developing an engagement plan specifically focused on internal operations that recognizes the interests of, and the constraints under which , management and staff of various departments operate. This may include engaging departments such as Purchasing & Contracting, General Services, Planning & Development Services, Environmental Health, Parks and Recreation, Community Development, and Health & Human Services.
As an optional task for the City, HF&H will focus on learning from internal stakeholders what waste reduction and diversion programs/policies are currently in place for City operations, what is working and what is not, what results are being realized, and what type of improvements are desired for current programs and policies. We will additionally seek input on the Menu of programs and policies developed in Task 2.2 that would have the highest impact on City operations. During this process, we will gain an understanding of real and/or perceived barriers and concerns for increasing diversion. Feedback gathered directly from staff will likely uncover challenges and solutions that are only identifiable by those on the ground, who are experts at the tasks they are assigned.
To engage with these various departments, we will coordinate up to two meetings (up to two hours each) with key internal stakeholders. Sample topics discussed during the meetings may include zero waste challenge s and concerns, proposed policies and programs, and innovative ideas and operational enhancements. The meetings will be initiated with a presentation and then shift to a facilitated open forum to invite input from participants. Individuals, who may not be able to attend the meetings or who have follow- up input, will have the option to review the presentation and minutes of the meetings, listen to the audio recording, and provide input through an online survey. We will make the presentation materials availab le to the City should it need additional meetings (over and above the two included in this proposal) with certain departments.
Optional Task 4.5 Focus Group Discussions
To surpass the current 89% diversion goal and drop to 1.2 pounds of waste per person per day, HF&H recommends identifying specific communit y groups to conduct focus group discussions with. Focus Group Discussions (FGDs) can provide valuable insights into the HF&H has extensive
cross-department
coordination
experience including
coordinating with
every internal
department and
division within the
City of Carlsbad to
develop unique SMM
implementation
guides for each
department.
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primary participation barriers of various diversion programs. More importan tly, they can help identify potential solutions to these barriers. FGDs are unique from more general community meetings in that they provide a targeted approach to engaging communities that may have historically lacked equitable representation in decision making processes.
An intimate discussion with limited members (10 -15 participants) identified using shared characteristics (socio -demographics, neighborhood, vocation, etc.) creates an environment where participants can share candid responses, ascertain vignettes, and develop a common understanding or collective ownership of a communal problem.
As discussed earlier in this proposal, HF&H can incorporate a spatial analysis using data from the City and related service providers to augment our services. In th is case, a GIS mapping may help identify potential target populations. For example, the below proxy Courtesy Garbage Pick -Up map indicates that Single Family Households in less densely populated areas have a higher frequency of missing their trash days. Further investigation through FGDs may reveal reasons as to why these courtesy pickups are required – scheduling conflict s, blocked service areas, route inefficiencies, etc. Similarly, spatial analysis with data, if available, highlighting contamination freq uency overlaid with route data may help identify target groups with unique barriers to participation. Spatial analysis in this regard can highlight socio-economic nuance that otherwise maybe overlooked.
HF&H will work with the City and other key City partners to identify and target populations for FGDs that have not participated in previous engagement efforts. After the sample size and target population are identified, HF&H, in collaboration with the City and community organizations such as CASA, will recruit participants. Recruitment efforts will need to consider participants availability and include equitable incentives for participation. HF&H will then develop a FGD Questionnaire to be used for the disc ussions, develop meeting materials, and coordinate scheduling. Each FGD will last approximately 60 minutes. Our team’s extensive experience engaging with diverse and multi -cultural communities throughout the Bay Area will ensure FGDs are facilitated in a w ay that empowers participants to engage authentically while ensuring conversations are productive and respectful.
HF&H will compile the results into a summary document to be shared with the City highlighting key findings. These findings will also be incorporated into the ZWIP in the form DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6
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of recommended actions and strategies to help reach diversion goals, promote sustainability, empower diverse communities, and protect at-risk populations from future environmental health and safety risks.
Optional Task 4.6 Additional Community Meetings
Considering the broad reach the ZWIP will have on the Alameda community, we recommend the City consider adding additional stakeholder meetings as they are described under Task 4.2. Each additional meeting opportunity will i mprove participation levels from diverse community sectors across the City and strengthen the overall design of the updated ZWIP. With a high level of community input throughout the planning process the City will gain a deeper understanding of the political, behavioral, and economic issues that will influence the planning process. In our cost proposal we have included as an optional task a per unit cost for planning and presenting at additional community meetings.
Optional Task 4.7 HF&H Coordinates and Conducts Community Survey If the City chooses to engage HF&H to fully coordinate and conduct the community survey, we will work closely with the City to identify the survey purpose and goals and the most logical and cost-effective method for disseminating the public survey. HF&H will develop a set of questions based on the focus areas and goals identified by the City and revise the question based on City input prior to building the survey. Once the questions are finalized, HF&H will use Survey Monkey to design a survey that elicits honest feedback from respondents.
HF&H will advise the City on various stakeholder groups to provide the survey to such as local businesses, non-profits, tenants of multi-family properties, and families, and provide recommendations for reaching these various stakeholder groups. Once the survey is live, HF&H will track survey responses and inform the City if any additional outreach or reminders should be sent to specific stakeholder groups.
Upon receipt of the final survey results, H F&H will perform an analysis of the input and summarize those results in a PowerPoint-style report for City staff. These results will also be included in the final plan documents in Task 5.
Task 4 Deliverables
• Community input and response report (documented within the Updated ZWIP) • Community-wide survey
• Two community PowerPoint presentations
• Presenting at two community meetings
• One staff presentation
Task 5: Prepare New Zero Waste Implementation Plan Report, Goal Date, and Timeline
“A final comprehensive Plan will be prepared for the City, presented to City staff and elected officials. Proposers should include cost here for a minimum of one City Council presentation and an alternative cost proposal for additional presentations to staff and/or City boards and commissions.”
Our objective in this task is to synthesize our analysis into an intuitive document and present information in an easily digestible format. Prior to compiling the full ZWIP, HF&H will work with the City to determine the level of detail to include, the ZWIP’s format, and the target audience. This will aid our staff in delivering a product that meets the needs of the City. For City -wide strategic initiatives, such as zero waste planning, we often recommended our clients consider generating t wo versions of the final plan: one version DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6
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containing a high level summary presented in a graphic format for sharing with external stakeholders (public facing), and a detailed and specific implementation plan meant to guide the City’s internal operations. As part of our base proposal, we have included pricing for a detailed implementation plan. As an optional enhancement, we can also provide the City a secondary, public facing plan as detailed in Optional Task 5.5.
Task 5.1 Draft Updated Zero Waste Implementation Plan
HF&H will compile the results of the work in Tasks 1 through 4 into an informative and comprehensive Zero Waste Implementation Plan. The draft ZWIP will include at minimum the following elements:
• The summary report evaluating the City’s current progress developed in Task 1. • A new zero waste goal date and timeline for assessing progress. • Recommended programs and policies to achieve the City’s goal. • The community engagement summary and responses developed in Task 4. • Key implementation steps and a high-level phased implementation schedule. • Detailed analysis and supporting documentation generated throughout the engagement as ZWIP attachments.
The Plan will also address key assumptions made and any operational, logistical, economic, and/or political considerations that may impact the ZWIP’s implementation. City staff will receive a copy of the draft ZWIP for review. HF&H will provide a copy of the ZWIP through a shared cloud platform and anticipates the City will provide comments, edits, and suggestions directly into the shared document. After the City has had time to review the draft ZWIP , we will schedule one virtual meeting to review comments and answer any questions from the City. HF&H will ask follow -up question and provide example language to ensure we fully understand the scope of changes the City would like to make.
Task 5.2 Refine and Finalize the Implementation Plan
After receiving input and direction from City staff on the draft ZWIP, HF&H will refine and prepare a final draft that incorporates the s pecific changes requested by the City . HF&H will update the ZWIP to address any issues or concerns raised during the meeting described in task 5.1 and resolve any outstanding changes or comments . This final revision will produce the Final 2023 Zero Waste Implementation Plan for the City.
Task 5.3 Presentation to City Council
HF&H commits to preparing for and presenting at one City Council meeting. During this presentation, Councilmembers will receive a summary of the key components of the City’s ZWIP including, an evaluation on current progress, recommended policies and programs, insights from community engagement efforts, and an update on the City’ s zero waste target date and key milestones. The presentation will be accompanied by a PowerPoint presentation designed with engaging graphics to summarize the ZWIP’s main elements.
Staff will have the ability to review the PowerPoint slides and provide feedback prior to HF&H’s presentation to the Council. Our staff is highly effective at working with electe d bodies to navigate difficult questions and respond to diverse perspectives particularly surrounding resource and cost responsibilities. The Alameda City staff will receive HF&H’s unwavering support in facilitating the discussion of the ZWIP and responding to questions from the Council and public.
Optional Tasks
Optional Task 5.4 Additional Plan Presentations
HF&H will provide additional stakeholder presentations summarizing the Final ZWIP.
Presentations may be provided to internal staff, City Boards, or commissions. HF&H will Task 5: HF&H will
synthesize our analysis into
an intuitive document and
provide present ions in an
easily digestible format.
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tailor the Council presentation slides developed in Task 5.3 to appeal to each specific stakeholder group and work with the City to incorporate topics of particular interest for each stakeholder group. Presentations may be provided in-person, virtually, or as a hybrid model.
Optional Task 5.5 Produce a Public Facing Zero Waste Plan HF&H will produce a high-level summary of the Zero Waste Plan designed to be viewed as an easily shareable PDF. The summary Plan will include graphic representation of key components of the plan and be presented in a visually engaging format.
Task 5 Deliverables
• Final 2023 Zero Waste Implementation Plan
• Presentation slides for City staff and elected officials • Presentation delivery at one City Council meeting
Project Schedule
HF&H proposes the following project schedule. We expect the full engagement, as described in our base proposal, to be completed in approximately 22 weeks. The project duration may be longer if the City chooses to include tasks listed as “Optional” from our proposal.
* HF&H recommends some elements of Task 4 to be conducted early in the engagement (within the timeframes established for Tasks 1 and 2) to ensure community voices are integrated throughout the development of the ZWIP. ** The final ZWIP report will be completed within four weeks of receiving the City’s final edits and comments on the drafted report. Full completion of Task 5, including the Council presentation, will be dependent on the established schedule of City Council meetings.
Task Timeframe
Project Commencement Begins within one week of receipt of Notice to Proceed from City.
Task 1: Evaluate past Plans and Review
Effectiveness of Current Programs
Completed within six weeks of project
commencement.
Task 2: Recommend New Zero Waste
Strategies and Current Policy and
Program Enhancements
Completed within four weeks of the
completion of Task 1.
Task 3: Use Data-Driven Approach to
Estimate Diversion Potential and
Completed within eight weeks of the
completion of Task 2.
Task 4: Community Engagement,
Survey and Presentation
Completed within fourteen weeks of
project commencement. *
Task 5: Prepare new Zero Waste
Implementation Plan Report and Goal
Date/Timeline
Draft report for City review completed
within four weeks of the completion of
Task 3. **
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09/05/2023
Newfront Insurance Services, LLC
450 Sansome Street
Suite 300
San Francisco
CA
94111
Ashley Mack
(415) 754-3635
[email protected]
HF&H Consultants, LLC
590 Ygnacio Valley Rd. Suite 105
Walnut Creek
CA
94596
Citizens Insurance Company of America
31534
Hartford Casualty Insurance Company
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Gemini Insurance Company
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1,000,000
C
Professional Liability
VNPL013999
09/06/2023
09/06/2024
Aggregate
2,000,000
Each Loss Ded
10,000
Each Claim
2,000,000
The City of Alameda, its City Council, boards and commissions, officers & Employees are included as an additional insured as required by a written contract with respect to General Liability.
City of Alameda, Public Works Department
Liam Garland
950 West Mall Square, Room 110
Alameda
CA
94501
DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6 9/7/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below.
The
following
changes
are
made
to
SECTION
II
-
LIABILITY:
1. Additional
Insured
by
Contract,
Agreement
or
Permit
The
following
is
added
to
SECTION
II
-
LIABILITY, C. Who Is An Insured:
Additional
Insured
by
Contract,
Agreement
or
Permit
a.
Any
person
or
organization
with
whom
you
agreed
in
a
written
contract,
written
agreement
or
permit
to
add
such
person
or
organization
as
an
additional
insured
on
your
policy
is
an
additional
insured
only
with
respect
to
liability
for
"bodily
inju
ry
",
"property
damage
",
or
"personal
and
advertising
injury
"
caused,
in
whole
or
in
part,
by
your
acts
or
omissions,
or
the
acts
or
omissions
of
those
acting
on
your
behalf,
but only with respect to:
(1)
"Your
work"
for
the
additional
insured(s)
designated
in
the
contract,
agreement
or
permit;
(2)
Premises
you
own,
rent,
lease
or
occupy; or
(3)
Your
maintenance,
operation
or
use
of
equipment leased to you.
b.
The
insurance
afforded
to
such
additional
insured described above:
(1)
Only
applies
to
the
extent
permitted
by
law; and
(2)
Will
not
be
broader
than
the
insurance
which
you
are
required
by
the
contract,
agreement
or
permit
to
provide
for
such
additional insured.
(3)
Applies
on
a
primary
basis
if
that
is
required
by
the
written
contract,
written
agreement or permit.
(4)
Will
not
be
broader
than
coverage
provided to any other insured.
(5)
Does
not
apply
if
the
"bodily
injury
",
"property
damage
"
or
"personal
and
advertising
injury
"
is
otherwise
excluded
from
coverage
under
this
Coverage
Part,
including any endorsements thereto.
391-1006
08 16
Includes copyrighted materials of Insurance Services Offices, Inc., with its permission.
SUMMARY OF COVERAGES
Limits
Page
1. Additional Insured by Contract, Agreement or Permit
Included
1 2.
Additional Insured - Broad Form Vendors
3. Alienated Premises
4. Broad Form Property Damage - Borrowed Equipment, Customers Goods and Use of Elevators
5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics)
6. Personal and Advertising Injury - Broad Form
7. Product Recall Expense
Product Recall Expense Each Occurrence Limit
Product Recall Expense Aggregate Limit
Product Recall Deductible
8. Unintentional Failure to Disclose Hazards
9. Unintentional Failure to Notify
Included
Included
Included
Included
Included
Included
$25,000
$50,000
$500
Included
Included
2 3
3 3
4 4
5 5
5 6
6 Aggregate
Occurrence
POLICY NUMBER: OBF-D681476-06
DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6 OBF
D681476
5701751
c.
This
provision
does
not
apply:
(1)
Unless
the
written
contract
or
written
agreement
was
executed
or
permit
was
issued
prior
to
the
"bodily
injur
y
",
"property
damage",
or
"personal
injury
and
advertising
injury".
(2)
To
any
person
or
organization
included
as
an
insured
by
another
endorsement
issued
by
us
and
made
part
of
this
Coverage
Part.
(3)
To
any
lessor
of
equipment:
(a)
After
the
equipment
lease
expires;
or
(b)
If
the
"bodily
injury
",
"property
damage"
,
"personal
and
advertising
injur
y
"
arises
out
of
sole
negligence
of
the
lessor.
(4)
To
any:
(a)
Owners
or
other
interests
from
whom
land
has
been
leased
if
the
"occurrence
"
takes
place
or
the
offense
is
committed
after
the
lease
for
the
land
expires;
or
(b)
Managers
or
lessors
of
premises
if:
(i)
The
"occurrence
"
takes
place
or
the
offense
is
committed
after
you
cease
to
be
a
tenant
in
that
premises;
or
(ii)
The
"bodily
injury",
"property
damage",
"personal
injury"
or
"advertising
injury"
arises
out
of
structural
alterations,
new
construction
or
demolition
operations
performed
by
or
on
behalf
of
the
manager
or
lessor.
(5)
To
"bodily
injur
y
",
"property
damage
"
or
"personal
and
advertising
injury
"
arising
out
of
the
rendering
of
or
the
failure
to
render
any
professional
services.
This
exclusion
applies
even
if
the
claims
against
any
insured
allege
negligence
or
other
wrongdoing
in
the
supervision,
hiring,
employment,
training
or
monitoring
of
others
by
that
insured,
if
the
"occurrenc
e"
which
caused
the
"bodily
injury
"
or
"property
damag
e
"
or
the
offense
which
caused
the
"personal
and
advertising
injury
"
involved
the
rendering
of
or
failure
to
render
any
professional
services
by
or
for
you.
d.
With
respect
to
the
insurance
afforded
to
these
additional
insureds,
the
following
is
added
to
SECTION
II
-
LIABILITY,
D.
Liability
and
Medical
Expense
Limits
of
Insurance
:
The
most
we
will
pay
on
behalf
of
the
additional
insured
for
a
covered
claim
is
the
lesser
of
the
amount
of
insurance:
1. Required
by
the
contract,
agreement
or
permit
described
in
Paragraph
a.;
or
2. Available
under
the
applicable
Limits
of
Insurance
shown
in
the
Declarations.
This
endorsement
shall
not
increase
the
applicable
Limits
of
Insurance
shown
in
the
Declarations
e.
All
other
insuring
agreements,
exclusions,
and
conditions
of
the
policy
apply.
2. Additional
Insured
-
Broad
Form
Vendors
The
following
is
added
to
SECTION
II
-
LIABILITY,
C.
Who
Is
An
Insured:
Additional
Insured
-
Broad
Form
Vendors
a.
Any
person
or
organization
that
is
a
vendor
with
whom
you
agreed
in
a
written
contract
or
written
agreement
to
include
as
an
additional
insured
under
this
Coverage
Part
is
an
insured,
but
only
with
respect
to
liability
for
"bodily
injury
"
or
"property
damag
e
"
arising
out
of
"your
products
"
which
are
distributed
or
sold
in
the
regular
course
of
the
vendor's
business.
b.
The
insurance
afforded
to
such
vendor
described
above:
(1)
Only
applies
to
the
extent
permitted
by
law;
(2)
Will
not
be
broader
than
the
insurance
which
you
are
required
by
the
contract
or
agreement
to
provide
for
such
vendor;
(3)
Will
not
be
broader
than
coverage
provided
to
any
other
insured;
and
(4)
Does
not
apply
if
the
"bodily
injur
y
",
"property
damage
"
or
"personal
and
advertising
injury
"
is
otherwise
excluded
from
coverage
under
this
Coverage
Part,
including
any
endorsements
thereto
c.
With
respect
to
insurance
afforded
to
such
vendors,
the
following
additional
exclusions
apply:
The
insurance
afforded
to
the
vendor
does
not
apply
to:
(1)
"Bodily
injur
y
"
or
"property
damage
"
for
which
the
vendor
is
obligated
to
pay
damages
by
reasons
of
the
assumption
of
liability
in
a
contract
or
agreement.
This
exclusion
does
not
apply
to
liability
for
damages
that
the
insured
would
have
in
the
absence
of
the
contract
or
agreement;
(2)
Any
express
warranty
unauthorized
by
you;
391-1006
08 16
Includes
copyrighted
materials
of
Insurance
Services
Offices,
Inc.,
with
its
permission.
Page
2 of
6 DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6 (3)
Any
physical
or
chemical
change
in
the
product
made
intentionally
by
the
vendor;
(4)
Repackaging,
unless
unpacked
solely
for
the
purpose
of
inspection,
demonstration,
testing,
or
the
substitution
of
parts
under
instruction
from
the
manufacturer,
and
then
repackaged in the original container;
(5)
Any
failure
to
make
such
inspection,
adjustments,
tests
or
servicing
as
the
vendor
has
agreed
to
make
or
normally
undertakes
to
make
in
the
usual
course
of
business
in
connection
with
the
sale
of the product;
(6)
Demonstration,
installation,
servicing
or
repair
operations,
except
such
operations
performed
at
the
vendor's
premises
in
connection
with
the
sale
of
the product;
(7)
Products
which,
after
distribution
or
sale
by
you,
have
been
labeled
or
relabeled
or
used
as
a
container,
part
or
ingredient
of
any
other
thing
or
substance by or for the vendor;
(8)
"Bodily
injury"
or
"property
damage"
arising
out
of
the
sole
negligence
of
the
vendor
for
its
own
acts
or
omissions
or
those
of
its
employees
or
anyone
else
acting
on
its
behalf.
However,
this
exclusion does not apply to:
(a)
The
exceptions
contained
within
the
exclusion
in
subparagraphs
(4)
or
(6)
above; or
(b)
Such
inspections,
adjustments,
tests
or
servicing
as
the
vendor
has
agreed
to
make
or
normally
undertakes
to
make
in
the
usual
course
of
business,
in
connection
with
the
distribution
or
sale
of
the
products.
(9)
"Bodily
injury
"
or
"property
damage
"
arising
out
of
an
"occurrence
"
that
took
place
before
you
have
signed
the
contract or agreement with the vendor.
(10)
To
any
person
or
organization
included
as
an
insured
by
another
endorsement
issued
by
us
and
made
part
of
this
Coverage Part.
(11)
Any
insured
person
or
organization,
from
whom
you
have
acquired
such
products,
or
any
ingredient,
part
or
container,
entering
into,
accompanying
or containing such products.
d.
With
respect
to
the
insurance
afforded
to
these
vendors,
the
following
is
added
to
SECTION
II
-
LIABILITY,
D.
Liability
and
Medical Expense Limits of Insurance
:
The
most
we
will
pay
on
behalf
of
the
vendor
for
a
covered
claim
is
the
lesser
of
the
amount of insurance:
1. Required
by
the
contract
or
agreement
described in Paragraph
a.;
or
2. Available
under
the
applicable
Limits
of
Insurance shown in the Declarations;
This
endorsement
shall
not
increase
the
applicable
Limits
of
Insurance
shown
in
the
Declarations.
3. Alienated Premises
SECTION
II
-
LIABILITY,
B.
Exclusions,
1. Applicable
To
Business
Liability
Coverage
k.
Damage
to
Property,
paragraph
(2)
is
replaced
by
the following:
(2)
Premises
you
sell,
give
away
or
abandon,
if
the
"property
damage
"
arises
out
of
any
part
of
those
premises
and
occurred
from
hazards
that
were
known
by
you,
or
should
have
reasonably
been
known
by
you,
at
the
time
the property was transferred or abandoned.
4. Broad
Form
Property
Damage
-
Borrowed
Equipment, Customers Goods, Use of Elevators
a.
The
following
is
added
to
SECTION
II
-
LIABILITY,
B.
Exclusions,
1. Applicable
To
Business
Liability
Coverage,
k.
Damage
to
Property
:
Paragraph
(4)
does
not
apply
to
"property
damage
"
to
borrowed
equipment
while
at
a
jobsite
and
not
being
used
to
perform
operations.
Paragraph
(3),
(4)
and
(6)
do
not
apply
to
"property
damage
"
to
"customers
goods
"
while
on
your
premises
nor
to
the
use
of
elevators.
b.
For
the
purposes
of
this
endorsement,
the
following
definition
is
added
to
SECTION
II
-
LIABILITY,
F.
Liability
and
Medical
Expenses
Definitions:
1. "Customers
goods
"
means
property
of
your
customer
on
your
premises
for
the
purpose of being:
a.
Worked on; or
b.
Used in your manufacturing process.
c.
The
insurance
afforded
under
this
provision
is
excess
over
any
other
valid
and
collectible
property
insurance
(including
deductible)
available
to
the
insured
whether
primary,
excess, contingent or on any other basis.
5. Incidental
Malpractice
-
Employed
Nurses,
EMT
's
and Paramedics
SECTION II - LIABILITY, C. Who Is An Insured
,
paragraph
2.a.(1)(d)
does not apply to a nurse,
391-1006
08 16
Includes copyrighted materials of Insurance Services Offices, Inc., with its permission.
DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6 OBF
D681476
5701751
emergency
medical
technician
or
paramedic
employed
by
you
if
you
are
not
engaged
in
the
business
or
occupation
of
providing
medical,
paramedical,
surgical,
dental,
x-ray
or
nursing
services.
6. Personal
Injury
-
Broad
Form
a.
SECTION
II
-
LIABILITY,
B.
Exclusions,
2. Additional
Exclusions
Applicable
only
to
"Personal
and
Advertising
Injur
y
",
paragraph
e.
is
deleted.
b.
SECTION
II
-
LIABILITY,
F.
Liability
and
Medical
Expenses
Definitions,
14. "Personal
and
advertising
injury",
paragraph
b.
is
replaced
by
the
following:
b.
Malicious
prosecution
or
abuse
of
process.
c.
The
following
is
added
to
SECTION
II
-
LIABILITY,
F.
Liability
and
Medical
Expenses
Definitions,
Definition
14. "Personal
and
advertising
injury":
"Discrimination
"
(unless
insurance
thereof
is
prohibited
by
law)
that
results
in
injury
to
the
feelings
or
reputation
of
a
natural
person,
but
only
if
such
"discrimination"
is:
(1)
Not
done
intentionally
by
or
at
the
direction
of:
(a)
The
insured;
(b)
Any
officer
of
the
corporation,
director,
stockholder,
partner
or
member
of
the
insured;
and
(2)
Not
directly
or
indirectly
related
to
an
"employee",
not
to
the
employment,
prospective
employment
or
termination
of
any
person
or
persons
by
an
insured.
d.
For
purposes
of
this
endorsement,
the
following
definition
is
added
to
SECTION
II
-
LIABILITY,
F.
Liability
and
Medical
Expenses
Definitions:
1. "Discrimination
"
means
the
unlawful
treatment
of
individuals
based
upon
race,
color,
ethnic
origin,
gender,
religion,
age,
or
sexual
preference.
"Discrimination
"
does
not
include
the
unlawful
treatment
of
individuals
based
upon
developmental,
physical,
cognitive,
mental,
sensory
or
emotional
impairment
or
any
combination
of
these.
e.
This
coverage
does
not
apply
if
liability
coverage
for
"personal
and
advertising
injur
y"
is
excluded
either
by
the
provisions
of
the
Coverage
Form
or
any
endorsement
thereto.
7. Product
Recall
Expense
a.
SECTION
II
-
LIABILITY,
B.
Exclusions,
1. Applicable
To
Business
Liability
Coverage,
o.
Recall
of
Products,
Work
or
Impaired
is
replaced
by
the
following:
o.
Recall
of
Products,
Work
or
Impaired
Property
Damages
claimed
for
any
loss,
cost
or
expense
incurred
by
you
or
others
for
the
loss
of
use,
withdrawal,
recall,
inspection,
repair,
replacement,
adjustment,
removal
or
disposal
of:
(1)
"Your
product";
(2)
"Your
work";
or
(3)
"Impaired
property";
If
such
product,
work
or
property
is
withdrawn
or
recalled
from
the
market
or
from
use
by
any
person
or
organization
because
of
a
known
or
suspected
defect,
deficiency,
inadequacy
or
dangerous
condition
in
it,
but
this
exclusion
does
not
apply
to
"product
recall
expenses"
that
you
incur
for
the
"covered
recall
"
of
"your
product".
However,
the
exception
to
the
exclusion
does
not
apply
to
"product
recall
expenses"
resulting
from:
(4)
Failure
of
any
products
to
accomplish
their
intended
purpose;
(5)
Breach
of
warranties
of
fitness,
quality,
durability
or
performance;
(6)
Loss
of
customer
approval,
or
any
cost
incurred
to
regain
customer
approval;
(7)
Redistribution
or
replacement
of
"your
product
"
which
has
been
recalled
by
like
products
or
substitutes;
(8)
Caprice
or
whim
of
the
insured;
(9)
A
condition
likely
to
cause
loss
of
which
any
insured
knew
or
had
reason
to
know
at
the
inception
of
this
insurance;
(10)
Asbestos,
including
loss,
damage
or
clean
up
resulting
from
asbestos
or
asbestos
containing
materials;
or
(11)
Recall
of
"your
products
"
that
have
no
known
or
suspected
defect
solely
because
a
known
or
suspected
defect
in
another
of
"your
products
"
has
been
found.
b.
The
following
is
added
to
SECTION
II
-
LIABILITY,
C.
Who
Is
An
Insured,
paragraph
3.b.
:
"Product
recall
expense
"
arising
out
of
any
withdrawal
or
recall
that
occurred
before
you
acquired
or
formed
the
organization.
391-1006
08 16
Includes
copyrighted
materials
of
Insurance
Services
Offices,
Inc.,
with
its
permission.
Page
4 of
6 Property
DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6 c.
The
following
is
added
to
SECTION
II
-
LIABI
L
ITY,
D.
Liability
and
Medical
Expenses
Limits of Insurance
:
Product Recall Expense Limits of Insurance
a.
The
Limits
of
Insurance
shown
in
the
SUMMARY
OF
COVERAGES
of
this
endorsement
and
the
rules
stated
below
fix
the
most
that
we
will
pay
under
this
Product
Recall
Expense
Coverage
regardless of the number of:
(1)
Insureds;
(2)
"Covered Recalls" initiated; or
(3)
Number
of
"your
products"
withdrawn
.
b.
The
Product
Recall
Expense
Aggregate
Limit
is
the
most
that
we
will
reimburse
you
for
the
sum
of
all
"product
recall
expenses
"
incurred
for
all
"covered
recalls" initiated during the policy period.
c.
The
Product
Recall
Each
Occurrence
Limit
is
the
most
we
will
pay
in
connection
with
any
one
defect
or
deficiency.
d.
All
"product
recall
expenses
"
in
connection
with
substantially
the
same
general
harmful
condition
will
be
deemed
to
arise
out
of
the
same
defect
or
deficiency
and
considered
one
"occurrence".
e.
Any
amount
reimbursed
for
"product
recall
expenses
"
in
connection
with
any
one
"occurrence
"
will
reduce
the
amount
of
the
Product
Recall
Expense
Aggregate
Limit
available
for
reimbursement
of
"product
recall
expenses
"
in
connection
with any other defect or deficiency.
f.
If
the
Product
Recall
Expense
Aggregate
Limit
has
been
reduced
by
reimbursement
of
"product
recall
expenses
"
to
an
amount
that
is
less
than
the
Product
Recall
Expense
Each
Occurrence
Limit,
the
remaining
Aggregate
Limit
is
the
most
that
will
be
available
for
reimbursement
of
"product
recall
expenses
"
in
connection
with
any
other defect or deficiency.
g.
Product Recall Deductible
We
will
only
pay
for
the
amount
of
"product
recall
expenses"
which
are
in
excess
of
the
$500
Product
Recall
Deductible.
The
Product
Recall
Deductible
applies
separately
to
each
"covered
recall".
The
limits
of
insurance
will
not
be
reduced
by
the
amount
of
this
deductible.
We may, or will if required by law, pay all
or any part of any deductible amount, if
applicable. Upon notice of our payment
of
a
deductible
amount,
you
shall
promptly
reimburse
us
for
the
part
of
the
deductible amount we paid.
The
Product
Recall
Expense
Limits
of
Insurance
apply
separately
to
each
consecutive
annual
period
and
to
any
remaining
period
of
less
than
12 months,
starting
with
the
beginning
of
the
policy
period
shown
in
the
Declarations,
unless
the
policy
period
is
extended
after
issuance
for
an
additional
period
of
less
than
12 months.
In
that
case,
the
additional
period
will
be
deemed
part
of
the
last
preceding
period
for
the
purposes
of
determining
the
Limits
of
Insurance.
d.
The
following
is
added
to
SECTION
II
-
LIABILITY,
E.
Liability
and
Medical
Expense
General
Conditions,
2. Duties
in
the
Event
of
Occurrence, Offense, Claim or Suit
:
You
must
see
to
it
that
the
following
are
done
in
the
event
of
an
actual
or
anticipated
"covered
recall
"
that
may
result
in
"product
recall expense":
(1)
Give
us
prompt
notice
of
any
discovery
or
notification
that
"your
product
"
must
be
withdrawn
or
recalled.
Include
a
description
of
"your
product
"
and
the
reason for the withdrawal or recall;
(2)
Cease
any
further
release,
shipment,
consignment
or
any
other
method
of
distribution
of
like
or
similar
products
until
it
has
been
determined
that
all
such
products
are
free
from
defects
that
could
be
a
cause
of
loss
under
this
insurance.
e.
For
the
purposs
of
this
endorsement,
the
following
definitions
are
added
to
SECTION
II
-
LIABILITY,
F.
Liability
and
Medical
Expenses Definitions:
1. "Covered
recall
"
means
a
recall
made
necessary
because
you
or
a
government
body
has
determined
that
a
known
or
suspected
defect,
deficiency,
inadequacy,
or
dangerous
condition
in
"your
produc
t
"
has
resulted
or
will
result
in "bodily injury" or "property damage".
2. "Product recall expense(s)" means:
a.
Necessary
and
reasonable
expenses
for:
(1)
Communications,
including
radio
or
television
announcements
or
printed
advertisements
including
stationary,
envelopes
and
postage;
391-1006
08 16
Includes copyrighted materials of Insurance Services Offices, Inc., with its permission.
DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6 OBF
D681476
5701751
(2)
Shipping
the
recalled
products
from
any
purchaser,
distributor
or
user
to
the
place
or
places
designated
by
you;
(3)
Remuneration
paid
to
your
regular
"employees
"
for
necessary
overtime;
(4)
Hiring
additional
persons,
other
than
your
regular
"employees";
(5)
Expenses
incurred
by
"employees"
including
transportation
and
accommodations;
(6)
Expenses
to
rent
additional
warehouse
or
storage
space;
(7)
Disposal
of
"your
product
",
but
only
to
the
extent
that
specific
methods
of
destruction
other
than
those
employed
for
trash
discarding
or
disposal
are
required
to
avoid
"bodily
injury
"
or
"property
damage
"
as
a
result
of
such
disposal,
you
incur
exclusively
for
the
purpose
of
recalling
"your
product";
and
b.
Your
lost
profit
resulting
from
such
"covered
recall".
f.
This
Product
Recall
Expense
Coverage
does
not
apply:
(1)
If
the
"products
-
completed
operations
hazar
d
"
is
excluded
from
coverage
under
this
Coverage
Part
including
any
endorsement
thereto;
or
(2)
To
"product
recall
expense
"
arising
out
of
any
of
"your
products
"
that
are
otherwise
excluded
from
coverage
under
this
Coverage
Part
including
endorsements
thereto.
8. Unintentional
Failure
to
Disclose
Hazards
The
following
is
added
to
SECTION
II
-
LIABILITY,
E.
Liability
and
Medical
Expenses
General
Conditions:
Representations
We
will
not
disclaim
coverage
under
this
Coverage
Part
if
you
fail
to
disclose
all
hazards
existing
as
of
the
inception
date
of
the
policy
provided
such
failure
is
not
intentional.
9. Unintentional
Failure
to
Notify
The
following
is
added
to
SECTION
II
-
LIABILITY,
E.
Liability
and
Medical
Expenses
General
Conditions,
2. Duties
in
the
Event
of
Occurrence,
Offense,
Claim
or
Suit:
Your
rights
afforded
under
this
Coverage
Part
shall
not
be
prejudiced
if
you
fail
to
give
us
notice
of
an
"occurrenc
e
",
offense,
claim
or
"suit",
solely
due
to
your
reasonable
and
documented
belief
that
the
"bodily
injury
",
"property
damag
e
"
or
"personal
and
advertising
injury
"
is
not
covered
under
this
Policy.
ALL
OTHER
TERMS,
CONDITIONS,
AND
EXCLUSIONS
REMAIN
UNCHANGED.
391-1006
08 16
Includes
copyrighted
materials
of
Insurance
Services
Offices,
Inc.,
with
its
permission.
Page
6 of
6 DocuSign Envelope ID: 2B7DD74A-594B-4378-89CC-2167793E5FF6