HomeMy WebLinkAbout_ Contract - CityGreen Consulting, LLC - 2025471 Professional Services – Non Design
1450836.1
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of July 1, 2025 by and between the
City of Diamond Bar, a municipal corporation ("City") and CityGreen Consulting ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall provide to
the reasonable satisfaction of the City, on an as-needed basis, the solid waste and recycling
consulting services set forth in the attached Exhibit "A", which is incorporated herein by this
reference. As a material inducement to the City to enter into this Agreement, Consultant
represents and warrants that it has thoroughly investigated the work and fully understands the
difficulties and restrictions in performing the work. Consultant represents that it is fully qualified
to perform such consulting services by virtue of its experience and the training, education and
expertise of its principals and employees.
Tara Reyes, Management Analyst (herein referred to as the “City’s Project Manager”),
shall be the person to whom the Consultant will report for the performance of services hereunder.
It is understood that Consultant shall coordinate its services hereunder with the City’s Project
Manager to the extent required by the City’s Project Manager, and that all performances required
hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and
the City Manager
2. Term of Agreement. This Agreement shall take effect July 1, 2025, and shall
continue until June 30, 2027 ("Term"), unless earlier terminated pursuant to the provisions herein.
The City Manager shall have the option to extend this Agreement for two (2) additional
one (1) year terms, subject to the same terms and conditions contained herein, by giving
Consultant written notice of the exercise of this option at least thirty (30) days prior to the
expiration of the initial Term . In the event the City exercises its option to extend the Term,
Consultant's compensation shall be subject to an adjustment upon the effective date of extension
as follows:
Any increase in compensation will be negotiated between the City and the Consultant, but
in no event shall the increase exceed the amount that the Consumer Price Index ("CPI")
for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately
preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor
Statistics of the United States Department of Labor, has increased over the CPI for the
month one year prior to the Index Month.
3. Compensation. City agrees to compensate Consultant for each service which
Consultant performs to the satisfaction of City in compliance with the scope of services set forth
in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified
by City. Total payment to Consultant pursuant to this Agreement shall not exceed One hundred
thousand dollars ($100,000) without the prior written consent of the City. The above not to exceed
amount shall include all costs, including, but not limited to, all clerical, administrative, overhead,
telephone, travel and all related expenses.
4. Payment.
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A. As scheduled services are completed, Consultant shall submit to City an invoice
for the services completed, authorized expenses and authorized extra work actually performed or
incurred.
B. All such invoices shall state the basis for the amount invoiced, including services
completed, the number of hours spent and any extra work performed.
C. City will pay Consultant the amount invoiced the City will pay Consultant the
amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all
work is completed, which sum shall be paid within 35 days of completion of the work and receipt
of all deliverables.
D. Payment shall constitute payment in full for all services, authorized costs and
authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefore have been previously authorized in writing and approved by the City
Manager or his designee as an amendment to this Agreement. The amendment shall set forth
the changes of work, extension of time , if any, and adjustment of the fee to be paid by City to
Consultant.
6. Priority of Documents. In the event of any inconsistency between the provisions
of this Agreement and any attached exhibits, the provisions of this Agreement shall control.
7. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of
City or otherwise act on behalf of City as an agent , except as specifically provided herein. Neither
City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's
employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any
manner, represent that it or any of its agents or employees are in any manner employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under
this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor relationship
created by this Agreement. In the event that City is audited by any Federal or State agency
regarding the independent contractor status of Consultant and the audit in any way fails to sustain
the validity of a wholly independent contractor relationship between City and Consultant, then
Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws regarding
Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City
harmless from any failure of Consultant to comply with applicable Worker's Compensation laws.
D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply
with all federal, state and local governmental permit or licensing requirements, including but not
limited to the City of Diamond Bar, South Coast Air Quality Management District, and California
Air Resources Board.
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E. In addition to any other remedies it may have, City shall have the right to offset
against the amount of any fees due to Consultant under this Agreement any amount due to City
from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or
indemnification required by this Agreement or for any amount or penalty levied against the City
for Consultant’s failure to comply with this Section.
8. Standard of Performance. Consultant shall perform all work at the standard of
care and skill ordinarily exercised by members of the profession under similar conditions and
represents that it and any subcontractors it may engage, possess any and all licenses which are
required to perform the work contemplated by this Agreement and shall maintain all appropriate
licenses during the performance of the work.
9. Indemnification.
Consultant shall indemnify, defend with counsel approved by City, and hold harmless City,
its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss,
damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with:
1) Any and all claims under Workers’ Compensation Act and other employee
benefit acts with respect to Consultant’s employees or Consultant’s contractor’s
employees arising out of Consultant’s work under this Agreement; and
2) Any and all claims arising out of Consultant's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement, regardless
of City’s passive negligence, but excepting such loss or damage which is caused by the
sole active negligence or willful misconduct of the City. Should City in its sole discretion
find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its
costs of defense, including without limitation reasonable attorneys' fees, expert fees and
all other costs and fees of litigation. The Consultant shall promptly pay any final judgment
rendered against the Indemnitees. It is expressly understood and agreed that the
foregoing provisions are intended to be as broad and inclusive as is permitted by the law
of the State of California and will survive termination of this Agreement. Except for the
Indemnitees, this Agreement shall not be construed to extend to any third-party
indemnification rights of any kind.
3) The Consultant's obligations to indemnify, defend and hold harmless the City
shall survive termination of this Agreement.
10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry, maintain, and
keep in full force and effect, with an insurance company authorized to do business in the State of
California and approved by the City the following insurance:
1) a policy or policies of broad -form comprehensive general liability insurance
written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit
coverage against any injury, death, loss or damage as a result of wrongful or negligent
acts by Consultant, its officers, employees, agents, and independent contractors in
performance of services under this Agreement;
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2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
3) automotive liability insurance written on an occurrence basis covering all
owned, non-owned and hired automobiles, with minimum combined single limits coverage
of $1,000,000.00; and
4) Worker's Compensation insurance when required by law, with a minimum limit
of $500,000.00 or the amount required by law, whichever is greater .
B. The City, its officers, employees, agents, and volunteers shall be named as
additional insureds on the policies as to comprehensive general liability, property damage, and
automotive liability. The policies as to comprehensive general liability, property damage, and
automobile liability shall provide that they are primary, and that any insurance maintained by the
City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not be non -
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City at least
ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or
otherwise modify the insurance coverage and in the event of any of the same by the insurer to
immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant to the
terms of this Agreement and shall be issued by an insurance company which is authorized to do
business in the State of California or which is approved in writing by the City; and shall be placed
have a current A.M. Best's rating of no less than A-, VII.
E. Consultant shall submit to City (1) insurance certificates indicating compliance with
the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of
the insurance policy evidencing the additional insured requirements in this Agreement, in a form
acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall
allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of
the policy in lieu of the Consultant (as the named insured) should Consultan t fail to pay the SIR
or deductible requirements. The amount of the SIR or deductible shall be subject to the approval
of the City. Consultant understands and agrees that satisfaction of this requirement is an express
condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary
insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City
pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such amounts as
damages in any action against Consultant for breach of this Agreement in addition to any other
damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it
may have against the Indemnitees.
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H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required
under this Agreement in full force and effect, City may take out the necessary insurance and any
premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts
may be deducted from any payments due Consultant.
I. Consultant shall include all subcontractors, if any, as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor to the City for review
and approval. All insurance for subcontractors shall be subject to all of the requirements stated
herein.
11. Confidentiality. Consultant in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Consultant covenants that
all data, documents, discussion, or other information developed or received by Consultant or
provided for performance of this Agreement are deemed confidential and shall not be disclosed
by Consultant without written authorization by City. City shall grant such authorization if
disclosure is required by law. All City data shall be returned to City upon the termination of this
Agreement. Consultant's covenant under this section shall survive the termination of this
Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a
proprietary nature specifically for and in connection with certain projects, the City shall not, except
with Consultant's prior written consent, use the same for other unrelated projects.
12. Ownership of Materials. Except as specifically provided in this Agreement, all
materials provided by Consultant in the performance of this Agreement shall be and remain the
property of City without restriction or limitation upon its use or dissemination by City. Consultant
may, however, make and retain such copies of said documents and materials as Consultant may
desire.
13. Maintenance and Inspection of Records . In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full
and complete books, documents, papers, accounting records, and other information (collectively,
the “records”) pertaining to the costs of and completion of services performed under this
Agreement. The City and any of their authorized representatives shall have access to and the
right to audit and reproduce any of Consultant's records regarding the services provided under
this Agreement. Consultant shall maintain all such records for a period of at least three (3) years
after termination or completion of this Agreement. Consultant agrees to make available all such
records for inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which may be affected by the services to be performed by Consultant
under this Agreement, or which would conflict in any manner with the performance of its services
hereunder. Consultant further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Consultant shall avoid the
appearance of having any interest which would conflict in any manner with the performance of its
services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
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performance of this Agreement. Consultant's covenant under this section shall survive the
termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without cause upon
fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the
date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth
15th) day following delivery of the notice. In the event of such termination, City agrees to pay
Consultant for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue performing
services, unless the notice provides otherwise, except those services reasonably necessary to
effectuate the termination. The City shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will secure
at its own expense, all personnel required to perform the services under this Agreement. All of
the services required under this Agreement will be performed by Consultant or under it
supervision, and all personnel engaged in the work shall be qualified to perform such services.
Except as provided in this Agreement, Consultant reserves the right to determine the assignment
of its own employees to the performance of Consultant's services under this Agreemen t, but City
reserves the right in its sole discretion to require Consultant to exclude any employee from
performing services on City's premises.
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will
comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include
but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or on
behalf of Consultant state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition,
or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for
any work covered by this Agreement except contracts or subcontracts for standard commercial
supplies or raw materials.
18. Reserved.
19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant
shall do all things necessary and incidental to the prosecution of Consultant's work.
20. Reserved.
21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its
control shall be an extension of time. No matter what the cause of the delay, Consultant must
document any delay and request an extension of time in writing at the time of the delay to the
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satisfaction of City. Any extensions granted shall be limited to the length of the delay outside
Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur
additional costs, it must specify, in writing, why the delay has caused additional costs to be
incurred and the exact amount of such cost within 10 days of the time the delay occurs. No
additional costs can be paid that exceed the not to exceed amount absent a written amendment
to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to
any delay, whether caused by the City or due to some other cause.
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without the prior
written consent of City, and any attempt by Consultant to so assign this Agreement or any rights,
duties, or obligations arising hereunder shall be void and of no effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any
payment to Consultant constitute or be construed as a waiver by City of any breach of covenant,
or any default which may then exist on the part of Consultant, and the making of any such payment
by City shall in no way impair or prejudice any right or remedy available to City with regard to such
breach or default.
25. Reserved.
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by the parties,
may be referred by the parties hereto for mediation. A third party, neutral mediation service shall
be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne
equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any
such dispute or controversy so submitted to mediation. It is specifically understood and agreed
by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy
as provided herein, shall be a condition precedent to the institution of any action or proceeding,
whether at law or in equity with respect to any such dispute or controversy.
27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand during regular business hours
or by facsimile before or during regular business hours; or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the
Agreement, or to such other addresses as the parties may, from time to time, designate in writing
pursuant to the provisions of this section.
CONSULTANT” “CITY”
City Green Consulting City of Diamond Bar
30181 Outpost Road 21810 Copley Drive
San Juan Capistrano, CA 92675 Diamond Bar, CA 91765-4178
Attn.: Michael Balliet, President Attn.: Daniel Fox, City Manager
Phone: 949-378-2205 Phone: 909-839-7010
E-Mail: mballiet@citygreenconsulting.com E-mail: dfox@diamondbarca.gov
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28. Governing Law. This Agreement shall be interpreted, construed and enforced in
accordance with the laws of the State of California. The venue for any action brought under this
Agreement shall be in Los Angeles County.
29. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be the original, and all of which together shall constitute one
and the same instrument.
30. Entire Agreement. This Agreement, and any other documents incorporated
herein by reference, represent the entire and integrated agreement between Consultant and City.
This Agreement supersedes all prior oral or written negotiations, representations or agreements.
This Agreement may not be amended, nor any provision or breach hereof waived, except in a
writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of
the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement as of the date
first written above.
Consultant" "City"
CityGreen Consulting, LLC CITY OF DIAMOND BAR
By: ________________________ By: ______________________
Michael Balliet , President/ Owner Daniel Fox, City Manager
ATTEST:
Kristina Santana, City Clerk
Approved as to form:
By: _________________________
Omar Sandoval, City Attorney
NOTE: If Consultant is a corporation, the City requires the following signature(s):
1) the Chairman of the Board, the President or a Vice -President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an
Assistant Treasurer. If only one corporate officer exists or one corporate officer
holds more than one corporate office, please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter into
this Agreement. A copy of the corporate resolution, certified by the Secretary close
in time to the execution of the Agreement, must be provided to the City.
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PROPOSAL TO PROVIDE
Solid Waste Consulting Services
Prepared by
CityGreen Consulting, LLC
30181 Outpost Road
San Juan Capistrano, CA 92675
February 28, 2025
Prepared for
City of Diamond Bar
Attn: City Manager’s Office
21810 Copley Drive
Diamond Bar, CA 91765
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City of Diamond Bar RFP Response
1-Project Team
Our project team is very familiar with the City of Diamond Bar as a current consultant to the City.
For this project Mike Balliet will serve a project lead, planning and refining all aspects of project
work through active communication with the city staff. He will also serve as the primary point of
contact. He will also perform 20% of our proposed scope work.
Matt Balliet will act as co-project lead, assisting in project management and administration tasks.
In addition to directly performing task work, Matt Balliet will track staff consultant hours and
deliverables and lead bi-weekly internal meetings to review the efficiency and quality of project
work. Matt will lead project efforts dealing with outreach and education, any website updates,
and also with technical assistance related to commercial recycling and edible food programs.
Matt’s involvement will encompass 18% of our project work.
Mike Byrne will perform 26% of task work, bringing his 35-years of experience managing solid
waste and compliance programs, as well as the contractual and compliance efforts of multiple
hauler as a Senior Management Analyst for the City of Irvine for 26 of his 30 years with that
jurisdiction. He is in his 5th year with our firm and is responsible for edible food programs, business
technical assistance programs, hauler and generator compliance reviews, and additional SB 1383
Mike Balliet
President -
Project Lead)
Mike Byrne (Sr.
Consultant)
Andrew Playford
Consultant)
Matt Balliet (VP -
Co-Lead)
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compliance programs that include procurement, records management, and program
monitoring/enforcement activities.
Andrew Playford will perform 36% of task work, providing technical assistance and site visits to
assess and support business recycling and edible food recovery program, perform compliant
related inspections, and other task support functions. In Andrew’s 4 years with the firm, he has
worked and excelled in all areas of our compliance consulting practice.
A more detailed summary of the experience of all project team members is provided below:
Michael Balliet, Principal
Since 1991, Michael Balliet has been providing franchise hauler negotiation, management,
auditing, compliance program development and implementation, and technical
assistance programs to help local jurisdictions comply with state mandates. He has
worked with well over 50 municipalities and helped the University of California, Irvine to
establish cost-saving waste management programs, eventually assisting them in starting
their own hauling service. Mr. Balliet also developed an innovative food waste recycling
program for the Disneyland Resort in the mid-1990s and has helped thousands of
businesses develop recycling programs through City-sponsored technical assistance
programs. He has been the business technical assistance consultant for the City of Irvine
since 2014.
Mr. Balliet has extensive experience preparing all State-mandated integrated waste
management planning documents (SRRE, HHWE & NDFE) and implementing all
compliance programs established therein. He was an early innovator of non-exclusive
commercial franchised hauling services and has managed the Costa Mesa non-exclusive
franchise since its creation in 1992. He has developed and implemented all of Costa
Mesa's compliance programs since that time, including an award-winning (CRRA 2022)
contractor self-haul permit program to increase city revenues while helping them comply
with expanded CalGreen project monitoring requirements. This 34-year record of
accomplishment demonstrates his ability to effectively represent the city’s interests while
achieving full compliance with a multitude of regulations.
Michael L. Balliet (Mike)
Email: mballiet@citygreenconsulting.com Phone: 949-378-2205
Matthew Balliet, Vice President
Matthew Balliet has over 6 years’ experience in all aspects of solid waste consulting,
joining the practice after his graduation from the University of Montana and working in all
aspects of the business for 5 years, prior to taking a career opportunity in marketing,
technology, and brand management in Nashville, Tennessee. He returned to CGC last
year to head-up our CityGreen Connect software program development and roll-out, as
well as provide project consulting support to our growing client roster. Matthew has
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City of Diamond Bar RFP Response
extensive experience in managing hauler compliance efforts, implementing business
technical assistance programs, and auditing the finances and facilities of waste haulers.
Matthew Balliet (Matt)
Email: mattballiet@citygreenconsulting.com Phone: 949-378-6187
Mike Byrne, Senior Consultant
Our project team includes Mike Byrne who brings extensive experience in municipal
government and the solid waste field, gained over his 30 years as a senior management
analyst with the City of Irvine. He spent 26 of those years as lead analyst overseeing the
planning and implementation of the city’s solid waste and recycling service delivery and
compliance programs, managing program budgets, and pursuing numerous local and
state grant funding opportunities to support the program. Mr. Byrne has assisted in
negotiations of city solid waste franchise agreements, interacted with key stakeholders
including elected officials, executive management and the public, continually interacted
with developers and property managers, and oversaw the work of several consultants to
ensure the city’s constant compliance with California state recycling mandates. Mike has
provided invaluable project support over his past 5 years with CGC.
Andrew Playford, Consultant
Andrew Playford has been working in all areas of the consulting practice for the past 4
years. This University of Indiana graduate has consistently demonstrated dedication to
exemplary client service and quickly mastering all areas of our consulting practice. He
transitioned from an internship to full-time employment two months ahead of schedule
and has successfully spearheaded compliance program roll-out in Irvine, Costa Mesa,
Chino, Irvine and Los Alamitos, as well as edible food recovery programs in Cypress, La
Palma, Claremont, and Los Alamitos.
CityGreen Consulting has also been at the forefront of developing waste hauler compliance
systems and technical assistance programs to help businesses and institutions comply with
recycling mandates, ranging from small retail or office locations to some of California's largest
commercial entities like Disneyland, The Irvine Company, and the University of California. To
facilitate compliance, we have created several compliance tracking and reporting programs, and
we have a proven track record of representing local jurisdiction interests to CalRecycle.
We have never been the subject of any legal investigation by anyone at any time. We are a trusted
resource for all our clients and believe we offer the best service and technology available. We
urge you to reach out to the references provided as they can attest to our experience in providing
the assistance you are seeking, as well as the quality of our work.
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City of Diamond Bar RFP Response
2-Qualification & Experience
CityGreen Consulting, LLC (CGC) is a California Corporation in good standing. Our Entity
Number is 202359519603. Our Federal Tax ID number is 93-4489144. Michael Balliet (34 years’
experience) is the President and CEO. Matthew Balliet (6 years’ experience) is the Vice
President. Mike Byrne (35 years’ experience) and Andrew Playford (4 years’ experience) are our
project consultants.
We pride ourselves on maintaining long-term clients. The City of Diamond Bar has been a client
for over 10 years. Costa Mesa has been our client since 1992. The City of Laguna Woods since
their incorporation in 2001. The Cities of Irvine, Los Alamitos, and the Costa Mesa Sanitary
District have also been clients for over 10 years. Other current clients include the cities of
Fullerton, Chino, Cypress, Fountain Valley, Rolling Hills Estates, Selma, Claremont, Westminster,
Signal Hill, La Palma, the Midway City Sanitary District, and the Costa Mesa Sanitary District.
More information about our company can be found on our website.
http://www.citygreenconsulting.com/
CGC, through its founder Michael Balliet, has been assisting local governments in California since
1991. For the past 34 years we have helped municipal and county governments comply with State
regulations, by creating and implementing all required compliance programs for AB 939, AB 341,
AB 1826, CalGreen, AB 827, SB 1383, etc. and managing their waste haulers and other
vendors/components of their solid waste systems. We regularly develop, implement and manage
compliance programs for our clients. We current provide both business recycling technical
assistance and edible food recovery programs for a number of jurisdictions. We also have a good
working relationship with CalRecycle and are currently helping two client cities navigate through
the JACE review process.
We were one of the first consultants to create and manage non-exclusive hauler franchises in
California and have established/managed both exclusive and non-exclusive franchises since the
1990s. We also have many years of experience auditing haulers and their facilities (financial and
performance reviews). We regularly help local governments develop ordinances and franchise
agreements and have recently done quite of bit of this work to assist both established and new
clients deal with incorporating SB 1383 mandates into their code and agreements. We have also
helped many cities with their hauler selection process (RFP/RFQ) and in rate negotiations, within
established agreements. The lowest franchise rates in Orange County, and likely the State, are
enjoyed by the City of Los Alamitos. They have been our client since 2013. We have also recently
helped the Central California cities of Reedley, Selma and Dinuba select new trash haulers and
incorporate SB 1383 requirements into their franchise agreements. We are currently working on
a similar project with the City of Fullerton.
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As mentioned, we also have a long working relationship with the City of Diamond Bar and are very
familiar with your compliance programs and both franchised waste haulers, whom we manage in
a number of client cities.
The following is a sampling of current clients that you may contact for references:
City of Costa Mesa, CA - 1992 to Present
City Contact:
Raja Sethuraman, Public Services Director
RAJA.SETHURAMAN@costamesaca.gov or 714-754-5343
Kevin Gaxiola, Sr. Management Analyst
KEVIN.GAXIOLA@costamesaca.gov or 714-754-5303
Midway City Sanitary District – 2024 to Present
District Contact:
Ashley Davies, Director of Services & Program Development
adavies@midwaycitysanitaryca.gov or (714) 893-3553
City of Chino – 2024 to Present
City Contact:
Xochitl (So-chee) Huerta, Sr. Management Analyst
xhuerta@cityofchino.org or (909) 334-3357
City of Irvine – 2013 to Present
City Contact:
Ryan Tenney, Management Analyst
RTenney@cityofirvine.org or 949-724-6379
Ryan Ramos, Management Analyst
RRamos@cityofirvine.org or 949-724-6250
City of Cypress – 2020 to Present
City Contact:
Doug Dancs PE, Public Works Director
DDancs@cypressca.gov or 714-229-6740
Kirsten Graham, Senior Management Analyst
kgraham@cypressca.org or 714-229-6748
City of Los Alamitos – 2013 to Present
City Contact:
Ron Noda, Deputy City Manager
RNoda@cityoflosalamitos.org or 562-431-3538 x500
Irving Montenegro, Development Services Manager
IMontenegro@cityoflosalamitos.org or 562-357-4514
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Costa Mesa Sanitary District – 2013 to Present
City Contact:
Scott Carroll, General Manager
scarroll@cmsdca.gov or 949-645-8400 ext 230
City of Fullerton – 2024 to Present
City Contact:
Michelle Duron, Solid Waste & Recycling Specialist
michelle.duron@cityoffullerton.com or 714-738-6778
Additional references available upon request.
3-Project Understanding
We regularly handle all aspects of compliance and solid waste system management. Turn-key
service is something we have been providing since the 1990’s. We have recently onboarded
several new clients who required a full assessment of SB 1383 compliance, subsequently
addressing all areas of non-compliance, and providing ongoing program management. This
includes two jurisdictions who retained us to assist with current JACE reviews (Midway
City/Westminster & Chino). We are currently managing business technical assistance programs
and edible food recovery programs for over a half-dozen clients. This experience demonstrates
our knowledge and ability to fit the specific rolls the City of Diamond Bar wishes to assign to
augment its compliance and system management efforts.
We have a long track record of working well with your franchise haulers and have multiple decades
of experience with both, in addition to the past 10 years assisting the City of Diamond Bar. Our
additional experience with your hauler’s includes: 1) Valley Vista Services - City of Cypress and
previously for the City of Industry; and 2) Waste Management - cities of Costa Mesa, Irvine,
Chino, and Rolling Hills Estates.
We have developed the following scope of work to demonstrate our understanding of what the
city is seeking and the level of assistance we believe is required.
Task 1 – Contract Management
As presented in our qualifications, we have managed and audited franchised haulers as an agent
for local governments since 1992, including several multiple hauler franchises. Our firm has
successfully helped client cities manage hauler service transitions and new program rollouts
throughout our 30+year history. Since 2020, we have assisted with well over a dozen franchise
hauler transitions and/or new service rollouts. We are experienced and well qualified to assist the
City with all contract management functions listed in the RFP.
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At this juncture, both the City and its franchised haulers are well underway in planning the
transition of service and we envision little or no issues that will require significant assistance by
our firm. We are budgeting ten (10) hours of principal level assistance for roll-out and contract
management to support City staff.
No deliverables for this task, which is projecedt to be limited to attending meetings and reviewing
items presented by the City. The annual “compliance review” of generator programs will be
conducted under Task 2.
Task 2 – SB 1383 Compliance
We have been providing technical assistance and education programs to businesses since we
started in this industry in 1991. In preparation for SB 1383, we began edible food programs for
client jurisdictions in 2020. We have performed both residential and commercial route reviews
and provide waste composition studies for one of our clients each quarter. We also advise and
assist most of our clients with procurement, both for Recycled Organic Content material and
paper products. We believe we are uniquely positioned to provide the best all-inclusive SB 1383
compliance assistance to the City of Diamond Bar.
Direct Outreach and Education
We believe your commercial sector will experience some challenges with the transition to Waste
Management’s 3-container service. Valley Vista Services recently obtained a High Diversion
Organic Waste Processing Facility designation from CalRecycle. The first such facility in
Southern California. For this reason, we believe you will have a larger number of 2-container
program recipients than is typical, and a tougher task to educate and motivate them on their
transition to a 3-container program. We have currently proposed to help the city identify these
accounts and I believe there should be an effort started as soon as possible to explain the
transition in service to them, building up the advantages of source separation. Technical
assistance to these businesses, helping to right-size service and refine indoor container
placement and usage is seen as another key direct education and outreach need for this contract.
After year one, we believe technical assistance should transition to assisting locations that
receive contamination or overflow charges, signaling ongoing issues the city should address as a
monitoring/enforcement action.
Deliverables will be either a site visit form or a program recommendations report for each technical
assistance recipient. We will also maintain a tracking database listing business detail, assistance
provided, compliance status, assistance notes and listing of educational materials delivered, and
notations if inspections or enforcement actions are needed.
Route Reviews and Field Inspections
Complete residential route reviews can be time consuming and costly. We are assuming they are
not required but can performed if needed. It is also highly likely commercial route reviews for
contamination are covered Waste Management’s Smart-Trucks. We are assuming the city would
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like us to perform route reviews on a spot check or follow-up basis, and that our primary work in
this subtask would be field inspections of various non-compliance issues. Based on our work in
other jurisdictions, field inspections would entail responses to complaints, investigating locations
identified as not participating or exhibiting contamination and overflows per hauler reports. We
perform these types of inspections for virtually all our clients.
Our deliverables would include an inspection tracking database, which we would support with
inspection forms that would ultimately either note resolution of the issue or escalate it to an
enforcement action.
Edible Food Recovery Program
CityGreen Consulting has streamlined edible food recovery programs over the 3+ years we have
been providing them for our clients. We have established with CalRecycle that annual inspections
of both generators and in-city organizations/collectors do not need to be performed every year.
A rotating 3-year schedule, that eventually covers everyone, is considered sufficient by the
State. We would work with the city to establish your Tier 1 and 2 generator’s compliance status
and determine when/if they have received an inspection. We are assuming inspections have not
been done. We believe it is beneficial to have us perform inspections and ensure that each
generator receives their annual education and outreach material from us. In addition, we highly
recommend that the city require annual reporting of edible food donations by the generator, as
this keeps you engaged with them, even in years you are not performing inspections. Inspections
of edible food recovery organizations and collectors is vital, as the city is ultimately responsible
to provide program support (including financial support) to these volunteer organizations, if they
cannot handle the 20% increase in donations prescribed by SB 1383. Inspections allow the city to
know how they are doing, what items they may need for expansion or to keep up with current
demand and provide us with website listing and other contact information. The latter is
important, as the city should promote these organization to your residents and businesses on
your website and at City functions. Featuring information on how to volunteer your time or
donate money to these worthy causes benefits these organizations and helps insulate the City
from the financial burden program support could entail.
Deliverables include a generator compliance status database that features annual touchpoints and
material provide, who is providing collection services, confirmation of written agreements, and
pounds donated information. Deliverables also include a database, providing all contact
information for edible food organizations in the city, as well as collector providing services in the
city, along with types of food donations accepted, approximate amount of Diamond Bar donations
in the previous year, and additional capacity available for increased donations. We will also provide
the city with an educational notice, completed inspection forms, and assistance in updating your
website and/or providing written lists and copy.
As part of our project pricing, we are including a $4,000 annual cost for a Chow Match or Careit
subscription that would allow every Tier 1 and 2 generator in the city access and use of this
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City of Diamond Bar RFP Response
compliance software. The cost may be less, but we do not know how many generators your
current/previous contractor may have established.
Recovered Organic Waste Product (ROWP) Procurement
We assist a number of jurisdictions in this area and believe procurement should be addressed in
two parts:
1. Qualifying compost, mulch, and energy product procurement or credits, to meet SB 1383
mandated levels, require planning and projections, as well as tracking and conversion into
ton-equivalents. Also, certain vendor certifications and proof of procurement, and an
annual procurement opportunity study needed for your ROWP program.
2. Recycled content paper procurement should also be tracked, and certifications and
vendor data requirements, related to recycled paper products, must be obtained.
We have previously shared guidance sheets with the city that references the relevant regulations
for all procurement requirements, so you are likely covered and simply need help identifying,
obtaining, and maximizing your ROWP procurement. In addition, you likely require clarification
and assistance with ways to lower your procurement target and/or expand your ability to obtain
procurement credit from vendor purchases. We are currently helping a number of clients do just
that.
We would initially perform an ROWP inventory, starting with making sure you have addressed
means to lower your procurement target. Second step is contracting and seeing who might be
able to provide you with procurement credit for their purchases or product use. From there we
would review ROWP purchased for 2024 and make sure appropriate documentation and
procurement records are on file. We would then go through the various procurement
opportunities we are aware of, to see if the city is interested in pursuing them. We the assist the
city in filling out their procurement planning tool for CY 2025 and make sure CY 2024
procurement is logged and finalized.
Project deliverables would include a completed procurement planning report (with amended
requirement, if applicable; two procurement tracking database containing all key metrics required
by regulations, and supporting document folders for certifications, invoices, and other related
records. Deliverables will also likely include revised vendor agreements, policy documents and
reports.
Task 3 – SB 54 Compliance
SB 54 is still in its relative infancy, with its regulations likely to undergo some fine-tuning based
upon needs assessment data and potential push back on regulations. We would initially
recommend working with the City’s business license records to identify any producers of single
use plastics in the city. These businesses should be contacted to see if they are aware of the
regulations, what measures they have taken to date to reduce the weight of single use plastics
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City of Diamond Bar RFP Response
they sell and reduce the number of plastic components. A 25% reduction in both is required.
Second, identification of wholesalers or retailers in the city that are selling single-use plastics.
We recommend a survey to identify products they sell that would fall under SB 54. Lastly, work
with the City’s residential and commercial haulers to identify the approximate percentage of
single-use plastics (listed as covered materials by the State), to identify the approximate cost
impact to the city. The last task we propose in the short-term is an internal review of single-use
plastics by the city and developing an alternative products list for consideration.
Deliverables will include databases of single-use plastics manufacturers, distributors, and retailers
in the city, and education material specific to them. A report establishing single use plastic disposal,
both citywide and specific to city facilities. Where applicable, we will develop lists of alternative
items to purchase and/or provide recommendations on material bans. Deliverables may also
include education material for stakeholders impacted by material bans.
Task Individual Hours Individual 2 Hours Individual 3 Hours Individual 4 Hours
Task 1 - Contract Management
NewService Roll-Out Assistance Mike Balliet 6.00
Address Roll-Out Compliants Mike Balliet 4.00
Hauler Contract Compliance Mike Balliet
Task 2 - SB 1383 Compliance
Direct Outreach & Education Mike Balliet 16.00 Matt Balliet 16.00 Mike Byrne 24.00 Andrew Playford 44.00
Route Reviewsand FieldInspections Mike Balliet 14.00 Mike Byrne 16.00 Andrew Playford 48.00
Edible Food Recovery Program Mike Balliet 6.00 Matt Balliet 12.00 Mike Byrne 48.00 Andrew Playford 80.00
ROWP Procurement Mike Balliet 12.00 Mike Byrne 12.00
Task 3 - SB 54 Compliance
Manufacturer, Distributor, andSeller
Database Mike Balliet 6.00 Mike Byrne 14.00
List ofcovered materials and Educational
Material Develoopment Mike Balliet 3.00 Matt Balliet 32.00 Mike Byrne 12.00
67.00 60.00 126.00 172.00
16%14%30%40%
Project Hours Allocation
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4-Cost for Services
Based upon the RFP assistance requests, and our assessment of activity required to meet the
City’s needs, we are estimating 425 hours per- year will be required for contracted service. The
table below shows our proposed hours, hourly billing rates, and costs for this project, both by task
and overall.
5-Insurance Requirements
As a current vendor to the City of Diamond Bar, our insurance coverages and known to meet
your requirements.
6-Consulting Services Agreement
We agree with the City’s Consulting Services Agreement terms and conditions.
Task Individual or Item Hours Hourly Rate $
Task 1 - Contract Management 1,450.00$
Mike Balliet 10.00 145.00$ 1,450.00$
Matt Balliet 0.00 125.00$ -$
Mike Byrne 0.00 110.00$ -$
Andrew Playford 0.00 110.00$ -$
Task 2 - SB 1383 Compliance 40,380.00$
Mike Balliet 48.00 145.00$ 6,960.00$
Matt Balliet 28.00 125.00$ 3,500.00$
Mike Byrne 100.00 110.00$ 11,000.00$
Andrew Playford 172.00 110.00$ 18,920.00$
Task 3 - SB 54 Compliance 8,165.00$
Mike Balliet 9.00 145.00$ 1,305.00$
Matt Balliet 32.00 125.00$ 4,000.00$
Mike Byrne 26.00 110.00$ 2,860.00$
Andrew Playford 0.00 110.00$ -$
Total Proposed Budget = 49,995.00$
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7-Subcontracting
We are not using any subcontractors for this engagement.
8-Conflict of Interest
CityGreen Connect, LLC, its officers and employees have no interest, and shall not acquire any
interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree
with the performance of the services requested herein by the City. Consultant further
covenants that, in the performance of any contract or agreement resulting from this RFP, no
subcontractor or person having such an interest shall be employed. Consultant certifies that to
the best of Consultant’s knowledge, no one who has or will have any financial interest under any
contract or agreement resulting from this RFP is an officer or employee of the City.
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