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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 nonrenewed, 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 Consultant 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 6 Professional Services – Non Design
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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 Agreement, 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 7 Professional Services – Non Design
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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: [email protected] E-mail: [email protected] 8 Professional Services – Non Design
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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.
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
2 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: [email protected] 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 4 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: [email protected] 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. 5 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.
6 City of Diamond Bar RFP Response
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
[email protected] or 714-754-5343
Kevin Gaxiola, Sr. Management Analyst
[email protected] or 714-754-5303
Midway City Sanitary District – 2024 to Present
District Contact:
Ashley Davies, Director of Services & Program Development [email protected] or (714) 893-3553
City of Chino – 2024 to Present
City Contact:
Xochitl (So-chee) Huerta, Sr. Management Analyst
[email protected] or (909) 334-3357
City of Irvine – 2013 to Present
City Contact:
Ryan Tenney, Management Analyst
[email protected] or 949-724-6379
Ryan Ramos, Management Analyst
[email protected] or 949-724-6250
City of Cypress – 2020 to Present
City Contact:
Doug Dancs PE, Public Works Director
[email protected] or 714-229-6740
Kirsten Graham, Senior Management Analyst
[email protected] or 714-229-6748
City of Los Alamitos – 2013 to Present
City Contact:
Ron Noda, Deputy City Manager
[email protected] or 562-431-3538 x500
Irving Montenegro, Development Services Manager
[email protected] or 562-357-4514
7 City of Diamond Bar RFP Response
Costa Mesa Sanitary District – 2013 to Present
City Contact:
Scott Carroll, General Manager
[email protected] or 949-645-8400 ext 230
City of Fullerton – 2024 to Present
City Contact:
Michelle Duron, Solid Waste & Recycling Specialist
[email protected] 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. 8 City of Diamond Bar RFP Response
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 9 City of Diamond Bar RFP Response
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 10 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 11 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
New Service 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 Reviews and Field Inspections 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, and Seller
Database Mike Balliet 6.00 Mike Byrne 14.00
List of covered 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
12 City of Diamond Bar RFP Response
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
13 City of Diamond Bar RFP Response
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.
03/10/2025
Beissel & Cobb Insurance Svcs
P.O. Box 131238
Carlsbad, CA 92013- 1238
License #: 0F79328
Regina Blanchard
760)895-2555
COIs@BandCIns. com
00004948- 191607 24
Citygreen Consulting LLC
30181 Outpost Rd
San Juan Capistrano, CA 92675- 1507
Hartford Underwriters Insurance - 30104 30104
A 2026X Y Y 72SBABC6R97 01/03/2025 01/03/
X
X
2,000, 000
1,000, 000
10,000
2,000, 000
4,000, 000
4,000, 000
Hartford Underwriters Insurance - 30104 30104
A 72SBABC6R97 01/03/2025 01/03/2026
X X
2,000, 000
Hiscox Insurance Company - 10200 10200
B 2026PL P102. 761. 145.2 01/03/2025 01/03/ Each Occurren 1,000, 000 City of Diamond Bar is named additional insured as per attached City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
RRB)
Printed by RRB on 03/10/2025 at 10:31AM
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
DATE ( MM/ DD/YYYY)
PRODUCER CONTACT
NAME:
FAXPHONE
A/C, No, Ext): A/C, No):(
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER EXPTYPEPOLICY EFF POLICY
OF INSURANCE MM/ DD/ YYYY)( MM/ DD/ YYYY) LIMITS(
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS- MADE OCCUR $ PREMISES ( Ea occurrence)
MED EXP ( Any one person)$
PERSONAL & ADV INJURY $
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PROPOLICY LOC PRODUCTS - COMP/ OP AGG $ JECT
OTHER:$
COMBINED SINGLE LIMIT $(
Ea accident)
ANY AUTO BODILY INJURY ( Per person)$
OWNED SCHEDULED BODILY INJURY ( Per accident)$
AUTOS ONLY AUTOS
HIRED NON- OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY ( Per accident)
OCCUR EACH OCCURRENCE $
CLAIMS- MADE AGGREGATE $
DED RETENTION $$
PER OTHSTATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER( S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
1988- 2015 ACORD CORPORATION. All rights reserved.
ACORDACORD 25 (2016/ 03) The ACORD name and logo are registered marks of
CERTIFICATE OF LIABILITY INSURANCE
Form SP 00 00 10 18 Page 15 of 19
2018, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission) 2) Submits a signed, sworn statement of loss within 60 days after receiving notice from us of your failure to do so; and
3) Has notified us of any change in ownership, occupancy or substantial change in risk known to the mortgageholder.
All of the terms of this Policy will then apply directly to the mortgageholder. e. If we pay the mortgageholder for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this Policy:
1) The mortgageholder' s rights under the mortgage will be transferred to us to the extent of the amount we pay; and
2) The mortgageholder' s rights to recover the full amount of the mortgageholder' s claim will not be impaired.
At our option, we may pay to the mortgageholder the whole principal on the mortgage plus any accrued interest. In this event, your mortgage and note will be transferred to us and you will pay your remaining mortgage debt to us.
f. If we cancel this Policy, we will give written notice to the mortgageholder at least:
1) 10 days before the effective date of cancellation if we cancel for your nonpayment of premium; or 2) 30 days before the effective date of cancellation if we cancel for any other reason. g. If we elect not to renew this Policy, we will give written notice to the mortgageholder at least 10 days before the expiration date of this Policy.
3. No Benefit to Bailee
No person or organization, other than you, having custody of Covered Property will benefit from this insurance.
4. Other Insurance
If there is other insurance covering the same loss or damage, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance.
5. Policy Period, Coverage Territory
a. We cover loss or damage commencing:
1) During the policy period shown in the Declarations; and 2) Within the coverage territory or, with respect to property in transit, while it is between points in the coverage territory.
b. The coverage territory is:
1) The United States of America (including its territories and possessions); 2) Puerto Rico; and
3) Canada.
6. Transfer Of Rights of Recovery Against Others To Us
a. If any person or organization to or for whom we make payment under this Policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them.
But you may waive your rights against another party in writing:
1) Prior to a loss to your Covered Property; or
2) After a loss to your Covered Property only if, at time of loss, that party is one of the following:
a) Someone insured by this insurance;
b) A business firm:
i) Owned or controlled by you; or
ii) That owns or controls you; or
c) Your tenant.
You may also accept the usual bills of lading or shipping receipts limiting the liability of carriers.
Form SP 00 00 10 18 Page 16 of 19
2018, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission) This will not restrict your insurance.
b. Any recovery from subrogation proceedings, less costs incurred by us in such proceedings, will be payable to you in the proportion that the amount of:
1) Any applicable deductible; and/or
2) Any provable uninsured loss,
bears to the entire provable loss amount.
G. PROPERTY DEFINITIONS
1." Communication supply services" means property, including overhead transmission lines, supplying communication services, including telephone, radio, microwave or television services, to the " scheduled premises", such as:
a. Communication transmission lines, including optic fiber transmission lines; b. Coaxial cables; and
c. Microwave radio relays except satellites.
2." Computer" means:
a. Programmable electronic equipment that is used to store, retrieve and process data; and b. Associated peripheral equipment that provides communication, including input and output functions such as printing and auxiliary functions such as data transmission.
Computer” includes those used to operate production-type machinery or equipment.
3." Electronic data" means information, facts or computer programs stored as or on, created or used on, or transmitted to or from computer software ( including systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of electronic data, means a set of related electronic instructions which direct the operations and functions of a "computer" or device connected to it, which enable the "computer" or device to receive, process, store, retrieve or send data.
Electronic data” it is not considered physical property under this Coverage Part and is covered only as expressly provided for in this Coverage Part. Any such coverage does not indicate that “electronic data” is considered to be tangible property subject to physical loss or physical damage for purposes of any business interruption coverage or other coverage that requires physical loss or physical damage.
4." Employee"
a. Means:
1) Any natural person:
a) While in your service (and for 60 days after termination of service); and b) Whom you compensate directly by salary, wages or commissions; and c) Whom you have the right to direct and control while performing services for you; 2) Any natural person employed by an employment contractor while that person is subject to your direction and control and performing services for you excluding, however, any such person while having care and custody of property outside the premises;
3) Any natural person who is your partner or member of a limited liability corporation; 4) Any natural person, whether or not compensated, while performing services for you as the chairman or a member of any committee;
5) Any natural person who is a non-compensated officer; 6) Any natural person who is a director or trustee while acting as a member of any of your elected or appointed committees or while acting within the scope of the usual duties of an "employee"; 7) Any natural person who is a non-compensated volunteer, while performing services for you that are usual to the duties of an "employee";
Form SP 00 00 10 18 Page 17 of 19
2018, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission) 8) Any natural person who is a former employee, director, partner, member, representative or trustee retained as a consultant while performing services for you; 9) Any natural person who is a student intern who is pursuing studies or acting within the scope of the usual duties of an “employee”;
10)Any natural person, who is a student enrolled in your facility, while handling or has possession of property or funds in connection with sanctioned student activities; and 11)The spouses of and children over 18 years old who reside with any " employee" who is a building manager, superintendent or janitor. Each family is deemed to be, collectively, one " employee" for the purposes of this insurance, except that any Termination Condition applies individually to the spouse and children.
b." Employee" does not mean:
1) An agent, broker, factor, commission merchant, consignee, independent contractor or representative of the same general character; or
2) Any manager, director, partner, member or trustee, except while acting within the scope of the usual duties of an “employee”.
5." Fungi" means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or byproducts produced or released by fungi.
6." Manager" means a person serving in a directorial capacity for a limited liability company.
7." Member" means an owner of a limited liability company represented by its membership interest, who also may serve as a "manager".
8." Money" means:
a. Currency, coins and bank notes in current use; and
b. Travelers checks, registered checks and money orders held for sale to the public.
9." Operations" means your business activities occurring at the " scheduled premises" and tenantability of the scheduled premises".
10." Period of restoration"
a. Means the period of time that:
1) Begins:
a) The number of hours shown in the Declarations after the time of direct physical loss or direct physical damage for Business Income coverage; or
b) Immediately after the time of direct physical loss or direct physical damage for Extra Expense coverage;
caused by or resulting from any Covered Cause of Loss at the “scheduled premises”; and 2) Ends on the earlier of:
a) The date when the property at the "scheduled premises" should be repaired, rebuilt or replaced with reasonable speed and similar quality; or
b) The date when your business is resumed at a new, permanent location; or c) Exhaustion of the number of consecutive months as shown on the Declarations. b. Does not include any increased period required due to enforcement of or compliance with any ordinance or law that:
1) Regulates the construction, use or repair, or requires the tearing down of any property; or 2) Requires any insured or others to test for, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to “pollutants and contaminants”.
The expiration date of this Coverage Part will not cut short the "period of restoration".
11." Pollutants and contaminants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste, or any other material which causes or threatens to cause physical loss, physical damage, impurity to property, unwholesomeness, undesirability, loss of THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 03 10 18 Page 1 of 1
2018, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission)
WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.
The following is added to Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS:
We waive any right of recovery we may have against:
a. Any person or organization shown in the Declarations, or b. Any person or organization with whom you have a contract that requires such waiver.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 26 10 18 Page 1 of 3
2018, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission)
HIRED AUTO AND NON-OWNED AUTO LIABILITY
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.
A. Amended Coverage:
The following is added to Section A. COVERAGES:
Coverage is extended to "bodily injury" and "property damage" arising out of the use of a "hired auto" or "non-owned auto".
B. The following changes are made to Section B. EXCLUSIONS:
1. Exclusion g. Aircraft, Auto Or Watercraft does not apply to a "hired auto" or a "non-owned auto".
2. Exclusion e. Employer’s Liability does not apply to " bodily injury" to domestic " employees" not entitled to workers’ compensation benefits or to liability assumed by the insured under an "insured contract".
3. Exclusion f. Pollution is deleted and replaced by the following:
1)" Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":
a) That are, or that are contained in any property that is:
i) Being transported or towed by, handled, or handled for movement into, onto or from, the covered auto";
ii) Otherwise in the course of transit by or on behalf of the "insured"; or iii) Being stored, disposed of, treated or processed in or upon the covered "auto". b) Before the " pollutants" or any property in which the " pollutants" are contained are moved from the place where they are accepted by the insured for movement into or onto the covered "auto"; or c) After the " pollutants" or any property in which the " pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the insured.
Paragraph ( a) above does not apply to fuels, lubricants, fluids, exhaust gases or other similar pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if:
i) The "pollutants" escape, seep, migrate, or are discharged or released directly from an "auto" part designed by its manufacturer to hold, store, receive, or dispose of such "pollutants"; and ii) The "bodily injury" and "property damage" does not arise out of the operation of any equipment listed in Paragraphs 15.f.(2) and 15.f.(3) of the definition of "mobile equipment".
Paragraphs ( b) and (c) above do not apply to accidents that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered " auto" if:
i) The " pollutants" or any property in which the " pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and ii) The discharge, dispersal, seepage, migration, release or escape of the " pollutants" is caused directly by such upset, overturn or damage as a result of the maintenance or use of a covered auto".
4. The following exclusion is added:
Fellow employee
Coverage does not apply to "bodily injury" to any fellow "employee" of the insured arising out of the operation of an "auto" owned by the insured in the course of the fellow "employee’s" employment.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 26 10 18 Page 2 of 3
2018, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission)
5. The following exclusion is added:
Care, Custody Or Control
Coverage does not apply to "property damage" involving property owned or transported by the insured or in the insured’s care, custody or control.
C. With respect to " hired auto" and " non-owned auto" coverage, Section C. WHO IS AN INSURED is deleted and replaced by the following:
1. The following are insureds:
a. You.
b. Your "employee" while using with your permission:
1) An "auto" you hire or borrow; or
2) An "auto" you don’t own, hire or borrow in your business or personal affairs; or 3) An "auto" hired or rented by your "employee" on your behalf and at your direction. c. Anyone else while using a "hired auto" or "non-owned auto" with your permission except:
1) The owner or anyone else from whom you hire or borrow an "auto". 2) Someone using an auto while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours.
3) Anyone other than your " employees", partners ( if you are a partnership), members ( if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from an "auto".
4) A partner ( if you are a partnership), or a member ( if you are a limited liability company) for an " auto" owned by him or her or a member of his or her household. d. Anyone liable for the conduct of an insured described above but only to the extent of that liability.
D. With respect to the operation of a " hired auto" or " non-owned auto" covered by this endorsement, the following changes are made to Section E. LIABILITY AND MEDICAL EXPENSES CONDITIONS :
1. The following condition is added:
Other Insurance
a. Except for any liability assumed under an "insured contract" the insurance provided by this endorsement is excess over any other collectible insurance.
However, if your business is the selling, servicing, repairing, parking or storage of " autos", the insurance provided by this endorsement is primary when covered " bodily injury" or "property damage" arises out of the operation of a customer’ s "auto" by you or your "employee". b. When this endorsement and any other endorsement, coverage part, or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our endorsement bears to the total of the limits of all the endorsements, coverage parts, and policies covering on the same basis.
2. The following condition is added:
Two Or More Coverage Parts, Endorsements, Or Policies Issued By Us If this endorsement and any other endorsement, coverage part or policy issued to you by us or any company affiliated with us apply to the same accident, the aggregate maximum Limit of Insurance under all the endorsements, coverage parts, or policies shall not exceed the highest applicable Limit of Insurance under any one endorsement, coverage part, or policy. This condition does not apply to any endorsement, coverage part, or policy issued by us or an affiliated company specifically to apply as excess insurance over this endorsement.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 26 10 18 Page 3 of 3
2018, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission)
3. The following condition is added:
Financial Responsibility Laws
a. With respect to a “hired auto” or “non-owned auto” to which this insurance applies, when this endorsement is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by this endorsement for " bodily injury" liability and " property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law.
b. With respect to a “hired auto" or “non-owned auto” to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law.
We will provide the required limits for those coverages.
E. The following changes are made to Section F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS :
1. The following definition is added:
Hired auto" means any "auto" you lease, hire, rent or borrow. This does not include any auto you lease, hire, rent or borrow from any of your " employees", your partners ( if you are a partnership), members ( if you are a limited liability company),, or your "executive officers" or members of their households.
This does not include a long-term leased " auto" that you insure as an owned " auto" under any other auto liability insurance policy or a temporary substitute for an "auto" you own that is out of service because of its breakdown, repair, servicing or destruction.
2. The following definition is added:
Non-owned auto" means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes:
a." Autos" owned by your " employees" your partners ( if you are a partnership), members ( if you are a limited liability company), or your " executive officers", or members of their households, but only while used in your business or your personal affairs.
b. Customer’ s "auto" that is in your care, custody or control for service.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 32 06 21 Page 1 of 3
2021, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission)
BLANKET ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.
A. The following is added to Section C. WHO IS AN INSURED:
Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization( s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit.
A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit.
However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part.
The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured.
The insurance afforded to such additional insured only applies to the extent permitted by law.
The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS.
a. Vendors
Any person(s) or organization( s) (referred to below as vendor), but only with respect to " bodily injury" or property damage" arising out of " your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard". 1) The insurance afforded to the vendor is subject to the following additional exclusions:
This insurance does not apply to:
a)" Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b) Any express warranty unauthorized by you;
c) Any physical or chemical change in the product made intentionally by the vendor; d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
e) Any failure to make 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;
f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 32 06 21 Page 2 of 3
2021, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission) g) 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; or h)" 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:
i) The exceptions contained in Paragraphs ( d) or (f); or ii) 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.
2) This insurance does not apply to 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. b. Lessors Of Equipment
1) Any person or organization from whom you lease equipment; but only with respect to their liability for bodily injury", " property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. 2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises
1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. 2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or
b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization.
d. Architects, Engineers Or Surveyors
1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", " 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:
a) In connection with your premises;
b) In the performance of your ongoing operations performed by you or on your behalf; or c) In connection with " your work" and included within the "products- completed operations hazard", but only if:
i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the products- completed operations hazard".
2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to " bodily injury"," property damage" or " personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including:
i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or ii) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “ bodily injury”, “ property THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 32 06 21 Page 3 of 3
2021, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission) damage”, or “personal and advertising injury” arises out of the rendering of or the failure to render any professional service.
e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit 1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit.
2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
a)" Bodily injury", " property damage" or " personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b)" Bodily injury" or "property damage" included within the "products- completed operations hazard". f. Any Other Party
1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", " 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:
a) In the performance of your ongoing operations performed by you or on your behalf; b) In connection with your premises owned by or rented to you; or c) In connection with " your work" and included within the "products- completed operations hazard", but only if:
i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the products-completed operations hazard".
2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to "bodily injury", " property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or b) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “ bodily injury”, “ property damage”, or personal and advertising injury” arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 03 10 18 Page 1 of 1
2018, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission)
WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.
The following is added to Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS :
We waive any right of recovery we may have against:
a. Any person or organization shown in the Declarations, or b. Any person or organization with whom you have a contract that requires such waiver.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 26 10 18 Page 1 of 3
2018, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission)
HIRED AUTO AND NON-OWNED AUTO LIABILITY
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.
A. Amended Coverage:
The following is added to Section A. COVERAGES:
Coverage is extended to "bodily injury" and "property damage" arising out of the use of a "hired auto" or "non-owned auto".
B. The following changes are made to Section B. EXCLUSIONS:
1. Exclusion g. Aircraft, Auto Or Watercraft does not apply to a "hired auto" or a "non-owned auto".
2. Exclusion e. Employer’s Liability does not apply to " bodily injury" to domestic " employees" not entitled to workers’ compensation benefits or to liability assumed by the insured under an "insured contract".
3. Exclusion f. Pollution is deleted and replaced by the following:
1)" Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":
a) That are, or that are contained in any property that is:
i) Being transported or towed by, handled, or handled for movement into, onto or from, the covered auto";
ii) Otherwise in the course of transit by or on behalf of the "insured"; or iii) Being stored, disposed of, treated or processed in or upon the covered " auto". b) Before the " pollutants" or any property in which the " pollutants" are contained are moved from the place where they are accepted by the insured for movement into or onto the covered "auto"; or c) After the " pollutants" or any property in which the " pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the insured.
Paragraph ( a) above does not apply to fuels, lubricants, fluids, exhaust gases or other similar pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if:
i) The "pollutants" escape, seep, migrate, or are discharged or released directly from an "auto" part designed by its manufacturer to hold, store, receive, or dispose of such "pollutants"; and ii) The "bodily injury" and "property damage" does not arise out of the operation of any equipment listed in Paragraphs 15.f.(2) and 15.f.(3) of the definition of "mobile equipment".
Paragraphs ( b) and (c) above do not apply to accidents that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if:
i) The " pollutants" or any property in which the " pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and ii) The discharge, dispersal, seepage, migration, release or escape of the " pollutants" is caused directly by such upset, overturn or damage as a result of the maintenance or use of a covered auto".
4. The following exclusion is added:
Fellow employee
Coverage does not apply to "bodily injury" to any fellow "employee" of the insured arising out of the operation of an "auto" owned by the insured in the course of the fellow "employee’s" employment.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 26 10 18 Page 2 of 3
2018, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission)
5. The following exclusion is added:
Care, Custody Or Control
Coverage does not apply to "property damage" involving property owned or transported by the insured or in the insured’s care, custody or control.
C. With respect to " hired auto" and " non-owned auto" coverage, Section C. WHO IS AN INSURED is deleted and replaced by the following:
1. The following are insureds:
a. You.
b. Your "employee" while using with your permission:
1) An "auto" you hire or borrow; or
2) An "auto" you don’t own, hire or borrow in your business or personal affairs; or 3) An "auto" hired or rented by your "employee" on your behalf and at your direction. c. Anyone else while using a "hired auto" or "non-owned auto" with your permission except:
1) The owner or anyone else from whom you hire or borrow an "auto". 2) Someone using an auto while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours.
3) Anyone other than your " employees", partners ( if you are a partnership), members ( if you are a limited liability company), or a lessee or borrower or any of their " employees", while moving property to or from an "auto".
4) A partner ( if you are a partnership), or a member ( if you are a limited liability company) for an " auto" owned by him or her or a member of his or her household. d. Anyone liable for the conduct of an insured described above but only to the extent of that liability.
D. With respect to the operation of a " hired auto" or " non-owned auto" covered by this endorsement, the following changes are made to Section E. LIABILITY AND MEDICAL EXPENSES CONDITIONS:
1. The following condition is added:
Other Insurance
a. Except for any liability assumed under an "insured contract" the insurance provided by this endorsement is excess over any other collectible insurance.
However, if your business is the selling, servicing, repairing, parking or storage of " autos", the insurance provided by this endorsement is primary when covered "bodily injury" or "property damage" arises out of the operation of a customer’s "auto" by you or your "employee". b. When this endorsement and any other endorsement, coverage part, or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our endorsement bears to the total of the limits of all the endorsements, coverage parts, and policies covering on the same basis.
2. The following condition is added:
Two Or More Coverage Parts, Endorsements, Or Policies Issued By Us If this endorsement and any other endorsement, coverage part or policy issued to you by us or any company affiliated with us apply to the same accident, the aggregate maximum Limit of Insurance under all the endorsements, coverage parts, or policies shall not exceed the highest applicable Limit of Insurance under any one endorsement, coverage part, or policy. This condition does not apply to any endorsement, coverage part, or policy issued by us or an affiliated company specifically to apply as excess insurance over this endorsement.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 26 10 18 Page 3 of 3
2018, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission)
3. The following condition is added:
Financial Responsibility Laws
a. With respect to a “hired auto” or “non-owned auto” to which this insurance applies, when this endorsement is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by this endorsement for " bodily injury" liability and " property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law.
b. With respect to a “hired auto" or “non-owned auto” to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law.
We will provide the required limits for those coverages.
E. The following changes are made to Section F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS :
1. The following definition is added:
Hired auto" means any "auto" you lease, hire, rent or borrow. This does not include any auto you lease, hire, rent or borrow from any of your " employees", your partners ( if you are a partnership), members ( if you are a limited liability company),, or your "executive officers" or members of their households.
This does not include a long-term leased "auto" that you insure as an owned "auto" under any other auto liability insurance policy or a temporary substitute for an "auto" you own that is out of service because of its breakdown, repair, servicing or destruction.
2. The following definition is added:
Non-owned auto" means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes:
a." Autos" owned by your "employees" your partners (if you are a partnership), members (if you are a limited liability company), or your "executive officers", or members of their households, but only while used in your business or your personal affairs.
b. Customer’s "auto" that is in your care, custody or control for service.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 32 06 21 Page 1 of 3
2021, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission)
BLANKET ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.
A. The following is added to Section C. WHO IS AN INSURED:
Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization( s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit.
A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit.
However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part.
The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured.
The insurance afforded to such additional insured only applies to the extent permitted by law.
The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS.
a. Vendors
Any person(s) or organization( s) (referred to below as vendor), but only with respect to " bodily injury" or property damage" arising out of " your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for " bodily injury" or "property damage" included within the "products- completed operations hazard". 1) The insurance afforded to the vendor is subject to the following additional exclusions:
This insurance does not apply to:
a)" Bodily injury" or " property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b) Any express warranty unauthorized by you;
c) Any physical or chemical change in the product made intentionally by the vendor; d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
e) Any failure to make 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;
f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 32 06 21 Page 2 of 3
2021, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission) g) 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; or h)" 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:
i) The exceptions contained in Paragraphs ( d) or (f); or ii) 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.
2) This insurance does not apply to 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. b. Lessors Of Equipment
1) Any person or organization from whom you lease equipment; but only with respect to their liability for bodily injury", " property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. 2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises
1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. 2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or
b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization.
d. Architects, Engineers Or Surveyors
1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", " 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:
a) In connection with your premises;
b) In the performance of your ongoing operations performed by you or on your behalf; or c) In connection with " your work" and included within the " products- completed operations hazard", but only if:
i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the products-completed operations hazard".
2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to " bodily injury", " property damage" or " personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including:
i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or ii) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “ bodily injury”, “ property THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 32 06 21 Page 3 of 3
2021, The Hartford
May include copyrighted material of Insurance Services Office, Inc., with its permission) damage”, or “personal and advertising injury” arises out of the rendering of or the failure to render any professional service.
e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit 1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit.
2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
a)" Bodily injury", " property damage" or " personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b)" Bodily injury" or "property damage" included within the "products- completed operations hazard". f. Any Other Party
1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", " 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:
a) In the performance of your ongoing operations performed by you or on your behalf; b) In connection with your premises owned by or rented to you; or c) In connection with " your work" and included within the " products- completed operations hazard", but only if:
i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
ii) This Coverage Part provides coverage for " bodily injury" or "property damage" included within the products-completed operations hazard".
2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to "bodily injury", " property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or b) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “ bodily injury”, “ property damage”, or personal and advertising injury” arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER( S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
E- MAILADDRESS:
A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
Per accident)
Ea accident)
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PROPERTY DAMAGE
BODILY INJURY ( Per accident)
BODILY INJURY ( Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON- OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANYP ROPRIETOR/ PARTNER/ EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
STATUTEPER EROTHMM/ DD/ YYYY) LIMITS(
POLICY EXP(
MM/ DD/ YYYY) NUMBERTYPEEFFPOLICYPOLICY INSURANCELTRINSR OF DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $ EACH OCCURRENCE
AGGREGATE
OCCUR
CLAIMS- MADE
DED RETENTION $
PRODUCTS - COMP/ OP AGG
GENERAL AGGREGATE
PERSONAL & ADV INJURY
MED EXP ( Any one person)
EACH OCCURRENCE
DAMAGE TO RENTED $
PREMISES ( Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS- MADE OCCUR
GEN' L AGGREGATE LIMIT APPLIES PER:
POLICY
PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE ( MM/ DD/ YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 ( 2016/ 03)
1988- 2016 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
PRODUCER
FAX (
A/C, No): PAYCHEX INSURANCE AGENCY, INC.
225 KENNETH DRIVE
ROCHESTER, NY 14623
02/01/2025
CityGreen Consulting LLC
30181 Outpost Rd
San Juan Capistrano, CA 92675
Paychex Insurance Agency, Inc.
877-266-6850
[email protected]
Sequoia Insurance Company 22985
A Y NA N QWC1430133 02/08/2025 02/08/2026
8 1,000, 000
1,000, 000
1,000, 000
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
DocuSign Envelope ID: E65E5AC1- 7586-44C8-9613-8D3709E66F3A DocuSign Envelope ID: E65E5AC1- 7586-44C8-9613-8D3709E66F3A DocuSign Envelope ID: E65E5AC1- 7586-44C8-9613-8D3709E66F3A DocuSign Envelope ID: E65E5AC1- 7586-44C8-9613-8D3709E66F3A DocuSign Envelope ID: E65E5AC1- 7586-44C8-9613-8D3709E66F3A DocuSign Envelope ID: E65E5AC1- 7586-44C8-9613-8D3709E66F3A DocuSign Envelope ID: E65E5AC1- 7586-44C8-9613-8D3709E66F3A DocuSign Envelope ID: E65E5AC1- 7586-44C8-9613-8D3709E66F3A
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER( S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
E- MAILADDRESS:
A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
Per accident)
Ea accident)
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PROPERTY DAMAGE
BODILY INJURY ( Per accident)
BODILY INJURY ( Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON- OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANYP ROPRIETOR/ PARTNER/ EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
STATUTEPER EROTHMM/ DD/ YYYY) LIMITS(
POLICY EXP(
MM/ DD/ YYYY) NUMBERTYPEEFFPOLICYPOLICY INSURANCELTRINSR OF DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $ EACH OCCURRENCE
AGGREGATE
OCCUR
CLAIMS- MADE
DED RETENTION $
PRODUCTS - COMP/ OP AGG
GENERAL AGGREGATE
PERSONAL & ADV INJURY
MED EXP ( Any one person)
EACH OCCURRENCE
DAMAGE TO RENTED $
PREMISES ( Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS- MADE OCCUR
GEN' L AGGREGATE LIMIT APPLIES PER:
POLICY
PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE ( MM/ DD/ YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 ( 2016/ 03)
1988- 2016 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
PRODUCER
FAX (
A/C, No): PAYCHEX INSURANCE AGENCY, INC.
225 KENNETH DRIVE
ROCHESTER, NY 14623
06/19/2024
CityGreen Consulting LLC
30181 Outpost Rd
San Juan Capistrano, CA 92675
Paychex Insurance Agency, Inc.
877-266-6850
[email protected]
Sequoia Insurance Company 22985
A Y NA N QWC1350877 02/08/2024 02/08/2025
8 1,000, 000
1,000, 000
1,000, 000
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
DocuSign Envelope ID: E65E5AC1- 7586-44C8-9613-8D3709E66F3A