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FOURTH AMENDMENT TO THE
SERVICES AGREEMENT
BETWEEN THE RIALTO UTILITY AUTHORITY
AND
DOPUDJA AND WELLS CONSULTING
1. PARTIES AND DATE.
This Fourth Amendment to the Services Agreement (“Fourth Amendment”) is made and entered into this 14th day of May , by and between the Rialto Utility Authority , a joint powers authority (“RUA”) and Dopudja and Wells Consulting, a California Corporation, (“Consultant”).
RUA and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Fourth Amendment.
2. RECITALS.
2.1 Agreement. RUA and Consultant entered into that certain Services Agreement dated April 13, 2021, (“Agreement”), whereby Consultant agreed to provide services to the RUA related to engineering and as-needed support services.
2.2 Amendment. RUA and Consultant desire to amend the Agreement by this Fourth Amendment to include additional tasks for the project as set forth in “Exhibit A”, to extend the term of the Agreement, and to increase the total amount of compensation for the Agreement.
3. AMENDMENT.
3.1 Scope of Services. In addition to the Scope of Services set forth in the Agreement, Consultant shall perform the additional services included in this F ourth Amendment to the Agreement and described in “Exhibit A,” attached hereto and incorporated herein by this reference.
3.2 Payment Terms. Consultant shall be compensated for the additional services included in this Fourth Amendment in an amount not to exceed Three Hundred Twenty-Five Thousand Seven Hundred Fifty Dollars and Zero Cents ($325,750.00). The total compensation, including reimbursement for actual expenses, the RUA will pay Consultant pursuant to the Agreement as amended by the First, Second, Third Amendments, and Third Amendment Change Order shall not exceed One Million Two Hundred- Eight Thousand, Eighty- Six Dollars and Zero Cents ($1,208,086.00).
3.3 Time for Performance. The time to complete the additional services included in the Fourth Amendment shall begin immediately upon the RUA Board’s approval.
4. MISCELLANEOUS TERMS.
4.1 Continuing Effect of Agreement. Except as amended by this Fourth Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Fourth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Fourth Amendment.
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4.2 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Fourth Amendment.
4.3 Counterparts. This Fourth Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
4.4 Conflict of Interest . Pursuant to Rialto Municipal Code section 2.48.145, Consultant represents that it has disclosed whether it or its officers or employees is related to any officer or employee of the RUA or City of Rialto by blood or marriage within the third degree which would subject such officer or employee to the prohibition of C alifornia Government Sections 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090. To this end, by approving this Agreement, Consultant attests under penalty of perjury, personally and on behalf of Consultant, as well its officers, representatives, that it/they have no relationship, as described above, or financial interests, as such term is defined in California Government Section 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, with any RUA or City of Rialto elected or appointed official or employee, except as specifically disclosed to the RUA and the City of Rialto in writing.
4.5 Corporate Authority. The persons executing this F ourth Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this F ourth Amendment on behalf of said party, (iii) by so executing this Fourth Amendment, such party is formally bound to the provisions of this F ourth Amendment and (iv) the entering into this F ourth Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS THEREOF, the parties have caused their authorized representative to execute this agreement the day and year first above written.
RIALTO UTILITY AUTHORITY,
a joint powers authority
DOPUDJA AND WELLS
CONSULTING, a California
Corporation
By: By:
Tanya Williams, Acting Rialto Signature
Utility Authority Executive Director
ATTEST: Stephen Dopudja
Name
By:
Barbara A. McGee, Rialto Utility Chief Executive Officer Authority Board Secretary Title
APPROVED AS TO FORM:
By:
Burke, Williams & Sorensen, LLP Signature
By: Jon Wells
Eric S. Vail, Rialto Utility Name
Authority General Counsel
Chief Financial Officer
Title
**Two signatures are required if a
corporation**
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EXHIBIT “A”
SCOPE OF SERVICES
Consultant shall provide as-needed staffing support services through December 31, 2024 for a not to exceed amount of $325,750.00.
Additional Scope of Services Includes:
• Advise on City/RUA’s utility operations and the Concession Agreement. • Meeting Attendance, Coordination, and On-Going Staff Support. • Review of Reports
• Engineering Studies and Planning Support Services
Specifically, Consultant shall provide those services as outlined in its proposal included on the following pages.
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Exhibit “B”
BILLING RATES SCHEDULE