Agreement - CityGreen Consulting - 2024-03-28FIRST AMENDMENT TO AGREEMENT BETWEEN THE COSTA MESA SANITARY
DISTRICT AND CITYGREEN CONSULTING, LLC (MIKE BALLIET CONSULTING,
LLC)
This FIRST AMENDMENT to the Agreement between the Costa Mesa Sanitary District
and CityGreen Consulting, LLC, is made and entered into this 28th day of March 2024 by
and between the Costa Mesa Sanitary District, hereinafter “District”) and City Green
Consulting, LLC (“Consultant”).
WITNESSETH:
WHEREAS, on July 1, 2023, District and Michael Balliet Consulting, LLC, entered
into an Agreement for solid waste consulting services, which term ends on June 29, 2025;
WHEREAS, the District contracted with Michael Balliet Consulting, LLC, in
significant part because Michael Balliet was a principal of that firm and provided his advice
on solid waste and recycling operations and legislation;
WHEREAS, Michael Balliet has formed a new legal entity, CityGreen Consulting,
LLC, and is now utilizing that company to provide additional services required by SB 1383;
WHEREAS, CityGreen has the financial and professional wherewithal to assume
the Agreement in existence between the parties and Michael Balliet will continue to
provide the services required;
WHEREAS, CityGreen is willing to assume the duties of the existing Agreement
and perform the additional scope of work as set forth in Exhibit B to this Agreement;
WHEREAS, the Agreement between the parties provides that there is to be no
assignment of the contract or monies due thereunder without the District’s consent; and
WHEREAS, the District does hereby consent to the assignment based on the
representations set forth in the recitals.
NOW, THEREFORE, the parties hereto agree as follows:
1. That in addition to the duties to be performed in the existing Agreement, that
Consultant shall perform additional duties and receive additional compensation as
set forth in Exhibit B, attached hereto.
2. That except as modified by Exhibit B, all terms and conditions set forth in the
original Agreement shall remain in effect and all insurance shall remain in place for
the duration of that Agreement and this First Amendment to Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to
be executed this day and year first above written.
COSTA MESA SANITARY DISTRICT CITYGREEN CONSULTING, LLC
______________________________ ___________________________
General Manager Signature
ATTEST:
______________________________ ____________________________
District Clerk Typed Name
APPROVED AS TO FORM:
______________________________ ____________________________
District Counsel Title
Michael L. Balliet
President
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Introduction
CityGreen Connect is a complete SB 1383 compliance software program developed by our firm,
www.citygreenconsultfng.com
We are a full-service environmental consultfng firm that has been providing compliance
consultfng, hauler auditfng/management, compliance/financial audits, and waste management
program development/implementatfon services to municipalitfes since 1991. We have provided
the full range of SB 1383 program support programs for generators, edible food generators, and
collectors since 2021, and all AB 341 and AB 1826 programs since 2017. We have also developed
new franchise agreements and amendments, City Code revisions and new ordinances, and self-
haul permit programs to provide the ‘’enforceable mechanisms” prescribed by SB 1383. CityGreen
Connect boils down all our years of consultfng experience into an easy-to-use tool that you, your
staff, your vendors, and your haulers can use to reach and maintain SB 1383 compliance.
Before we market CityGreen Connect to new clients, we are providing special incentfves to our
existfng clients. We are offering an Implementatfon Record development and 12-month software
subscriptfon package at a significantly reduced rate to incentfvize moving to our online plaform.
Complete development of your SB 1383 Implementatfon Record is quite an undertaking, as all
required program records, mechanisms, policies, and platiorms must be developed and housed
in a centralized locatfon, ready for “at any tfme” inspectfon by CalRecycle. This requires the
creatfon of many documents (hauling program descriptfon, inspectfon and enforcement
protocols, waiver protocols, procurement policies, etc.) and fillable forms (inspectfon reports,
hauler regulatory compliance, etc.). We also believe it necessitates a paradigm shift in hauler
reportfng to data input, rather than submission of data in spreadsheets and documents. Every
required hauler report must be in your implementatfon record, and SB 1383 has added a number
of new reportfng requirements that necessitate new compliance reports. CityGreen Connect
makes it possible to streamline that process to everyone’s benefit.
Proposed Services & Pricing
City Green Connect and its Implementatfon Records Module is the most comprehensive and easy
to use SB 1383 compliance tool available. Our Analytfcs Dashboard provides a summary of key
data and access to commonly used contact informatfon, websites, and related records, in a
personalized format.
Exhibit B
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In our work with other jurisdictfons, we have determined it takes approximately 120 hours to
work with our clients to identffy qualifying existfng records, develop required descriptfon and
policy documents, develop required forms, and identffy and personalize data input and upload
screens for use by haulers and vendors. In additfon, the breakdown of hours as associated costs
is as follows:
Our proposal is to perform the estfmated 90 to 120 hours of Implementatfon Record
development, utflizing a portfon of our remaining $26,604.00 budget ($12,000 to $16,000). That
leaves sufficient funding for the two scheduled waste compositfon studies (1st and 2nd Quarters)
and additfonal project work.
As part of your implementatfon records set-up we will work with CMSD staff and CR&R to revise
and expand franchise actfvity and compliance reportfng, and also transitfon delivery of this
informatfon via direct data input into the CityGreen Connect platiorm. We will work with CMSD
staff to identffy the various reports desired from this data, and personalize a dashboard-style on
page that provides critfcal compliance informatfon.
CityGreen Connect software and annual subscriptfon pricing:
CityGreen Connect – Small Jurisdictfon - Annual Subscriptfon Price = $12,000
Estfmate Cost Reductfon for Special Districts (less SB 1383 regs) = ($2,500)
Additfonal CMSD Discount (12 month subscriptfon) = ($4,500)
CMSD Offer = $5,000
As discussed, our existfng project budget will be utflized to develop needed implementatfon
record items, advise and assist CMSD staff address missing items we cannot immediately identffy
or develop, collaborate on revised and improved data reportfng by CR&R, develop reportfng input
screens and CMSD report generatfon withing the platiorm.
We estfmate it will take 90 to 120 days to develop your Implementatfon Record files, data input
screens and an initfal set of five (5) personalized hauler-compliance reports. Your Implementatfon
Record will be set-up and accessible in less tfme (30 to 45 days). During that tfme, we will review
and initfally organize your existfng records, begin uploading files into CityGreen Connect, and
provide you with your login informatfon and training. We will also develop fillable forms,
documents, and policies, as well as data upload guides with your input and that of your franchise
hauler. Once all these tasks are completed, and your system is ready to use, your 12-month
subscriptfon period will begin (estfmated at June 1st or July 1st).
Your discounted annual subscriptfon fee is due within 15-days of contract executfon. This will
provide the funding needed for our software developers to personalize and build-out the
CityGreen Connect platiorm to special district specificatfons. At the end of the 12-month initfal
subscriptfon, if you decide to not extend your subscriptfon, all records (including final reports) will
be organized and saved in folders, so you have a complete implementatfon record to transitfon to
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whatever centralize storage system you elect to use. If you choose to pay for a second-year
subscriptfon to CityGreen Connect, within the first three months of your initfal subscriptfon
period*, we will extend the $5,000 discounted fee to cover your 2nd year.
*Initfal subscriptfon period begins when you have a functfoning platiorm that features all
Implementatfon Record areas, and populates them with all available documents, reports, and
compliance data.
Over your first-year subscriptfon we will contfnue to personalize the platiorm and provide
additfonal functfonality. We will also offer and provide additfonal software modules, at discounted
rates, should you desire additfonal features (described herein).
Below are product descriptions of the two modules provided with your subscription:
Implementation Record
Our Implementatfon Record module is an integral part of our comprehensive software solutfon
tailored to specifically assist municipalitfes in complying with Senate Bill 1383 (SB 1383)
mandates, which require creatfon, maintenance, and productfon of records covering all its
regulatfons. This module is designed to streamline records management and more easily navigate
the complex requirements of SB 1383, ensuring record-keeping adherence to regulatory
standards.
Key Features:
1. Compliance Tracking: The module provides a centralized platiorm for tracking all SB 1383
compliance actfvitfes, including generators, collectors, facilitfes, organic waste reductfon, edible
food recovery, procurement, Cal-Green, MWELO, and other regulated CMSD-oversight functfons.
It enables the CMSD to maintain a clear overview of compliance progress, deadlines, and track
necessary actfons.
2. Record-Keeping: Facilitatfng record-keeping at regulatory standards, the module stfpulates and
captures all required data related to organic waste programs, enforcement actfons, hauler
informatfon, inspectfons, and compliance reports. It ensures that all necessary informatfon is
systematfcally organized and readily accessible for reportfng purposes and “at any tfme”
inspectfons by CalRecycle. Our tool spells out the specific regulatfon, item required, and shows
when you reach compliance.
3. Reportfng Capabilitfes: Our software offers reportfng functfonalitfes tailored to SB 1383
requirements, as well as AB 341 and AB 1826 compliance measurements. It generates detailed
compliance reports, allowing the CMSD to demonstrate adherence to regulatfons and provide
necessary documentatfon during audits or inspectfons. We also offer our clients the ability to
personalize reports to present the data you require in the format you prefer.
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4. Connect with haulers and vendors: CityGreen Connect can transitfon all your traditfonal hauler
and vendor reports into input screens or designated uploads for review/approval of items, or to
house items in the correct area within your Implementatfon Record. Our system will save your
hauler tfme on reportfng all the actfvitfes and achievements they must keep you abreast of. It also
eliminates the need for consultants to create large spreadsheets and combine reports to show
you data over annual or multf-year periods. CityGreen Connect automates reportfng and report
generatfon. We can also personalize inputs to match reports you currently receive and like.
5. Effectfve Organizatfon of Records: CityGreen Connect breaks SB 1383 compliance into nine (9)
main categories, with related requirements organized within these categories. Data uploads allow
selectfon of specific areas within the Implementatfon Record, as do data input screens. Items
uploaded to certain folders will trigger a notfficatfon of City actfon. Each requirement met, allows
the selectfon of a green check-mark to visually show compliance (much like CalRecycle’s annual
report or grant submission tools). A Red “X” will show in any area that is out-of-compliance. Since
we also present the associated regulatfons next to their respectfve compliance areas, it is easy to
determine what is needed.
Analytics Dashboard
Our Analytfcs Dashboard serves as the central hub for CityConnect and is your gateway to the
Implementatfon Record module, as well as reports and source data. Designed by industry experts,
its default setting provides an overview of generator and hauler compliance, offering actfonable
intelligence and the ability to drill-down to individual records. Optfonal analytfcs related to
franchise agreement management, fee payment audits, grant program management, and more
are optfonal modules that would be integrated into your Dashboard. The CMSD can choose the
most applicable data sets to create a personalize and robust tool to monitor, assess, and
strategize.
Key Features:
1. Comprehensive Data Visualizatfon: The dashboard presents a visually intuitfve representatfon
of compliance data gathered from various reports. It can include graphs, charts, or table
visualizatfons that offer a quick overview of compliance metrics, trends, and key performance
indicators. Whichever you prefer. It also includes links to your important contacts, websites, and
other resources.
2. Customizable Filters: Users can apply filters to tailor reports based on specific parameters, such
as Quarters or Years. This feature enables the segmentatfon and focused analysis of compliance
data within desired tfmeframes, allowing for better-informed decision-making.
3. Historical Record Viewing: The dashboard allows users to access and view historical compliance
records effortlessly. Users can analyze past performance, track progress over tfme, and identffy
patterns or trends to inform future strategies and actfons.
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4. Drill-Down Capabilitfes: It offers drill-down functfonalitfes, allowing users to delve deeper into
specific data points or metrics for more detailed insights. By drilling down into aspects of
compliance data, users can identffy areas for improvement or highlight areas of success.
5. User-Friendly Interface: The dashboard is designed with a user-centric interface, ensuring ease
of navigatfon and accessibility for users with varying levels of technical expertfse. Intuitfve design
minimizes the learning curve, allowing users to quickly grasp and utflize the dashboard's
functfonalitfes.
6. Actfonable Insights: By consolidatfng and presentfng data in a user-friendly format, the
dashboard empowers decision-makers with actfonable insights. It assists in identffying
compliance gaps, assessing performance against set benchmarks, and devising strategies for
enhanced compliance efficiency.
7. Calendar and To-Do List: An integrated calendar and actfon item list, as well as the ability to
track who has recently uploaded files or data, keeps you on top of all compliance related actfvitfes
and ensure that you never miss a deadline.
We will be offering the following additfonal modules with expanded features, that are not
necessary for compliance, but provide additfonal features that may be desirable. Each of these
modules has a small set-up fee and increased annual subscriptfon charge we would be happy to
discuss with you.
Generator Management (Optional – More Applicable to Cities**)
The Generator Management module is a specialized tool designed to monitor and manage the
compliance status of individual commercial waste generators (Implementatfon Record only tracks
non-compliant entftfes). It adeptly tracks compliance with SLCP, MORe, and MCR regulatfons,
pinpointfng the status of each generator by locatfon and account. By integratfng City Business
License permit data with hauler account informatfon, the Generator Management module
streamlines compliance verificatfon processes, enabling targeted audits to ensure full compliance
with waste management regulatfons mandated by SB 1383 and other regulatory bodies.
Key Features:
1. Business License Permit Integratfon: The Generator Manager integrates seamlessly with City
Business License permit data, allowing for the correlatfon of generator informatfon with actfve
business permits. This integratfon ensures accurate identfficatfon of all businesses operatfng
within the city limits, and the capabilitfes of expanding compliance data collectfon through your
business license process.
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2. Hauler Account Cross-Referencing: This module seamlessly integrates the City's Business
License permit data with hauler account informatfon, enabling a cross-reference and compliance
requirement identfficatfon process not offered in other systems. By aligning generator business
details with subscribed hauler accounts, it efficiently identffies generators lacking actfve waste
and recycling service subscriptfons, generators that may fall under more specific regulatfons
(edible food recover, AB 827, etc.), or businesses that may be operatfng as collectors. This
integratfon ensures accurate flow of data from waste haulers, partfcularly in non-exclusive
franchise systems.
3. Non-Subscriber Identfficatfon: Identffies generators that are not currently subscribed to waste
and recycling services provided by authorized haulers. This process helps in pinpointfng non-
compliant entftfes that may be in violatfon of waste management regulatfons and/or locatfons
when self-haul actfvity, which must now be monitored under SB 1383 regulatfons, is occurring.
4. Self-Haul and 3rd Party Collector Identfficatfon: The Generator Manager facilitates identfficatfon
of all businesses that are required to obtain a business license. This includes a variety of collectors
(commercial landscapers and other organic waste collectors) that must be monitored. With this
tool we recommend citfes expand business license data collectfon to include provision of
franchise hauler account number, listfng of landscaper, and identfficatfon of internal and third-
party recycling programs.
5. Reportfng and Documentatfon: Provides comprehensive reportfng functfonalitfes that
document generator details and determine compliance status across all solid waste management
regulatfons (AB341, AB1826, AB827, SB1383, etc.). These reports aid in regulatory reportfng,
internal audits, and enforcement actfvitfes.
6. Global and Targetfng Mailing or Email: All generator informatfon can be sorted and used for
targeted mailings or emails at any tfme through CityGreen Connect.
**Note: Your implementatfon record will include complete hauler customer records (part of
Sectfon 3 “Organic Waste Collectfon Records”. We believe you already have the ability to sort and
mail to all propertfes your franchise to CR&R, so this module would likely not be needed or
desired.
Franchise and Permit Management (Optional)
The Franchise and Permit Management Module, is designed to monitor compliance with
specific franchise agreement and permit terms, including oversight of fee payments and
collectfon reportfng requirements. This module is personalized to manage all collector actfvity
governed by an agreement or permit, and provides tools tool to track, analyze, and manage
various financial components, a checklist and calendar to ensure agreement and permit
obligatfons are fulfilled within established tfmelines.
Key Features:
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1. Collector Financial Tracking: The module centralizes data related to Collector Financials,
(typically a franchised hauler), including Franchise Fees, Contractor Fees, Compliance and
Monitoring Fees, and Total Hauler Revenue. For collectors operatfng under a permit, it collects
required fee-related data (as applicable). For both, it provides a comprehensive overview of
financial transactfons and obligatfons associated with waste management services.
2. Fee Management: Enables the tracking and calculatfon of Franchise Fees, Contractor Fees,
Compliance, and Monitoring Fees for each hauler, through an online portal. This accelerates City
receipt of payments, ensures all required data is submitted with payments, and reinforces City
terms related to collector fee payments on an ongoing basis.
3. Financial Reportfng: Offers customizable financial reportfng capabilitfes, allowing the
generatfon of detailed reports and insights into revenue streams, fee structures, payment
histories, and financial performance metrics for individual collectors or aggregated across the
system.
4. Compliance Verificatfon: The module verifies hauler compliance with agreement and permit
obligatfons that are outlined therein, but often forgotten by both partfes. Free services and
products, special services, and all other obligatfons established for the collector and listed and
tfed to a calendar of events. This not only ensures monitoring of all obligatfons, but also allow
for automated reminder emails as due dates approach.
Grant Management (Optional)
Grant funding is constantly becoming available and establishes required expenditure and
reportfng obligatfons, with hard tfmelines. This Module makes executfon and management of
grant obligatfons easier by centralizing all grants in one accessible locatfon, that lists the funds,
tasks, and tfmelines for each, along with related Terms & Conditfons and other vital grant
informatfon. Links to various reportfng portals, and storage of grant related documents therein,
provides a one-stop shop to ensure tfmely executfon of all required grant actfvitfes. The
calendar functfon is also tfed to this Module so you never miss a reportfng deadline.
Key Features:
1. Financial Tracking: All grant funding, including expenditures to-date and remaining balances
are presented in established grant budget categories. This ensures proper expenditures within
grant tfmelines.
2. Records Management: Enables the storage of all receipts, tfme records, and other required
supportfng documentatfon that must be included in progress and final grant reports. It also
allows for key reference documents (Procedures & Requirements, Terms & Conditfons, etc.) to
be housed and readily available within the applicable grant records.
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3. Compliance Verificatfon: Tracks when required expenditures are made, when task work is
completed, and when reports are submitted
SB 1383 Waiver Management Tool (Optional – More Applicable to Cities)
Waiver tracking functfonality, including summary reports and access to individual waiver
records, are part of the Implementatfon Record Module. The Optfonal Waiver Management Tool
allows the City to link their waiver applicatfon portal (or imbed it in CityGreen Connect) to
actfvely manage waiver requests, approvals, and denials, including distributfon of approval and
rejectfon notfces, withing the CityGreen Connect platiorm.
Key Features:
1. Waiver Request Management: The module facilitates the submission of waiver requests by
entftfes seeking relief from specific SB 1383 compliance obligatfons. It provides a structured
process for submitting, reviewing, and approving or denying waiver requests, all within
CityGreen Connect.
2. Compliance Tracking: It tracks the status of waiver requests, indicatfng whether they are
pending, approved, denied, and when approved waivers expire. It can also automate reminders
for waiver renewal inspectfons or send you a message if a waiver applicatfon has not been
finalized during a pre-determined tfme period.
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