SECOND AMENDMENT TO SERVICES AGREEMENT
BETWEEN THE RIALTO UTILITY AUTHORITY AND
SOTO RESOURCES
This Second Amendment to the Services Agreement (“Second Amendment”) is hereby entered into this 13th day of December 2022 by and between the Soto Resources a California Sole Proprietorship (“Consultant”) and the Rialto Utility Authority, a joint powers authority (“RUA”), on the terms and conditions stated below. RUA and Consultant are hereinafter collectively referred to as the “Parties.”
RECITALS
The Parties entered into the Services Agreement for grant funding research and completion of funding applications on the 13th of July 2021 (the “Agreement”), with a First Amendment to the Service Agreement executed on October 26, 2021.
The Parties mutually desire to amend the Agreement to provide additional compensation for an increased level of assistance on funding research and completion on funding applications on behalf of the RUA.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises set forth herein, the Parties do hereby enter into this Second Amendment which modifies and amends the Agreement as follows:
AMENDMENT. The Agreement is hereby modified and amended as follows:
In addition to the services detailed in Exhibit A of the Agreement, Consultant shall provide funding research and funding application assistance for the following grant opportunities:
One Water One Watershed Proposition 1 Round 2 Integrated Regional Water Management – Funding program benefiting the Santa Ana River Watershed area and region which includes Rialto. The City submitted applications for the Lake Rialto and the Shamrock and Meridian Septic-to-Sewer Projects through this program. The Lake Rialto Project was selected by Santa Ana Watershed Project Authority (SAWPA) for a grant award of $2,149,748 under the General Implementation funding category. The Septic-to-Sewer Project has not been identified for funding but is the runner-up project if a project awarded under the Disadvantaged Community funding category should drop from the program. The City recently submitted additional grant application materials for the SAWPA) grant application to the California Department of Water Resources.
United States Bureau of Reclamation’s WaterSMART Grants: Water and Energy Efficiency Grants - Projects funded will conserve and use water more efficiently; increase the production of hydropower; mitigate conflict risk in areas at a high risk of future water conflict; and accomplish other benefits that contribute to water supply reliability in the western United States. The City applied for funding under this program for the Advanced Metering Infrastructure Project and was selected for a $2,000,000 award. The grant agreement process with the USBR is currently underway.
USBR WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2023 - Projects funded will build long-term resilience to drought and reduce the need for emergency response actions. The City applied for funding under this program for the City 3A Groundwater Well Treatment Facility Project. USBR is reviewing applications; approximately 15 to 21 projects will be awarded contingent upon available Federal appropriations; selections for funding are anticipated March 31, 2023.
California Department of Water Resources 2022 Urban Community Drought Relief Grant Program – Projects funded will provide urban community drought relief, replace turf, or implement other projects that provide water conservation benefits. The City recently applied for funding under this program for the Advanced Metering Infrastructure Project. Two rounds of project selections are anticipated for this highly competitive grant program in December 2022 and March 2023.
Coastal Conservancy (Santa Ana River Conservancy) – Ongoing Funding Program – Projects funded will increase availability of beaches, parks and trails for the public, protect and restore natural lands and wildlife habitat, preserve working lands, and increase community resilience to the impacts of climate change. The City submitted a pre-application for the Lake Rialto Project and was invited to prepare a full application. The City plans to prepare an application package for the Lake Rialto Project in 2023.
State Water Resources Control Board Clean Water State Revolving Fund (CWSRF) – Construction - Projects funded will restore and maintain water quality in the state, and may reduce the effects of climate change and promote sustainable water resources for future generations. The City plans to prepare an application package for the comprehensive Septic-to-Sewer Program in 2023.
Article 2 / Section 2.1 is hereby amended and restated in its entirety to read as follows:
“Subject to any limitations set forth in this Agreement, RUA agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Fifty Thousand and Two Hundred and Fifty Dollars and Zero Cents ($250,250.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.” GENERAL PROVISIONS.
Remainder Unchanged. Except as specifically modified and amended in this Second Amendment, the Agreement remains in full force and effect and binding upon the parties.
Integration. This Second Amendment consists of pages 1 through 3 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Second Amendment.
Effective Date. This Second Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the RUA and Soto Resources.
Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment.
References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.
FOR THE RIALTO UTILITY AUTHORITY,
a Municipal Corporation FOR SOTO RESOURCES
____________________________ _____________________________ Marcus Fuller, Rialto Utility Authority Joey Soto, M.S.
Executive Director
Date: __________________ Principal
Date:_____________________
ATTEST:
____________________________ ______________________________ Barbara McGee, Rialto Utility Authority Name
Board Secretary
Date:___________________ Title
Date:_____________________
APPROVED AS TO FORM
Burke, Williams & Sorensen, LLP
____________________________
Eric S. Vail, Rialto Utility Authority
General Counsel
Date:___________________
RIV #4826-2789-2216 v1
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