Attachment 4 - DWC - Third Amendment to PSA for As-Needed Services & RHNC

THIRD AMENDMENT TO SERVICES AGREEMENT

BETWEEN THE RIALTO UTILITY AUTHORITY AND

DOPUDJA AND WELLS

This Third Amendment to the Services Agreement (“Second Amendment”) is hereby entered into this 12th day of September 2023 by and between the Dopudja and Wells Consulting, a California Corporation (“Consultant”), and the Rialto Utility Authority, a joint powers auth ority (“RUA”), on the terms and conditions stated below. RUA and Consultant are hereinafter collectively referred to as the “Parties.”

RECITALS
A. The Parties entered into the Services Agreement for engineering and as -needed support services on the 13th of April 2021 (the “Agreement”).

B. A First Amendment was executed on the 8th of February 2022, and a Second Amendment executed on the 13th of September the same year.

C. The Parties mutually desire to amend the Agreement to provide additional support for as- needed consulting, development of a Water Supply Assessment (WSA) for the Foothill Specific Plan Update, and additional design services for the Rialto Habitat and Nature Center (RHNC), formally known as “Lake Rialto”.

OPERATIVE PROVISIONS

NOW, THEREFORE, in consideration of the promises set forth herein, the Parties do hereby enter into this Third Amendment which modifies and amends the Agreement as follows:

AMENDMENT. The Agreement is hereby modified and amended as follows:

Exhibit A is hereby amended to include the new scope of work for As-Needed Support, the Water Supply Assessment, and the Final Design of RHNC:

Scope of Work
The following tasks comprise the scope of work required for the respective projects outlined above.

Task 1: As-Needed Support - $200,000
 Meeting Attendance, Coordination and On-Going Staff Support,  Review of Reports and Statements,
 Engineering Studies and Planning Support Services, and  Triennial Inspection Support Services.

This effort will be charged on a time and materials hourly basis, with support to be utilized at the request of the City. Any non-utilized support will not be billed to the City.

DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

Task 2: Development of a Water Supply Assessment for the Foothill Central Specific Plan - $66,470
City staff requested that Dopudja Wells Consulting develop a Water Supply Assessment (WSA) in accordance with Senate Bill 610 (SB 610) and related provisions of the California Environmental Quality Act for the Rialto Foothill Centra l Specific Plan Update. The services to develop this WSA will consist of:
 Identify Existing and Future Water Supplies for the proposed Specific Plan Update,  Establish Current and Determine Future Water Demands,  Perform Water Supply Analysis,
 Develop a Water Supply Assessment Report for the Specific Plan Update, and  Project Control.

Task 3. Rialto Habitat Nature Center Supplemental Design Services – $488,411 Below is a list of additional tasks required to complete the design of the Rialto habitat nature Center.
 Addition of a soil retention wall to create space for a community center building and construction of the proposed IEUA recycled water pump station. A portion of this revision will be reimbursed by IEUA to accommodate their pump station facility.  Plan additions for the proposed community center building, IEUA recycled water pump station, and Southern California Edison site access conditions. Including additional design services associated with geotechnical, site improvements, planting and irrigatio n plans. A portion of this revision will be reimbursed by IEUA to accommodate their pump station facility.
 Perform additional survey and topographical services as necessary for the proposed plan additions. A portion of this revision will be reimbursed by I EUA to accommodate their pump station facility.
 Additional design services to create accessible public parking from Agua Mansa complying with the Americans with Disabilities Act (ADA). Include an optional task to develop plans for accessible public parking from Santa Ana Avenue. Refer to Task 2 for additional information.
 Prepare a hydrology study to quantify estimated runoff into the Wastewater Treatment Plant (WWTP) and associated project area.
 Using findings from the hydrology study, prepare a Preliminar y Design Report (PDR) to identify recommended upgrades to the two existing onsite stormwater pump stations.
 Update the preliminary design for the proposed Lake Rialto discharge pump station and update site improvement plans based on the proposed recommendations.  Due to the increased number of anticipated operational scenarios for the operations of the lake (normal, draining, storm events, pulse flows, etc.), the proposed package pump station will have more complex operational circumstances than originally anticipated. An updated preliminary design is required to address these scenarios.

Additionally, the original location of the proposed package pump station, near the Rialto channel poses hydraulic challenges, due to the elevation compared to the water surface elevation of the wetland. The revised preliminary design will cover the updated hydraulics and relocation of the pump station. Final specification and design of the package pump station will follow.
 Additional design services to construct three groundw ater monitoring wells as recommended by the geotechnical exploration and review report, January 16, 2023.

The proposed wells will monitor surrounding groundwater elevation near the eastern basin to actively manage against any slope stability issues.

DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3  Additional project management.

Exhibit “C” is hereby amended as follows:

Section I is hereby amended to provide additional compensation for an increased level of assistance and as -needed support services to RUA in the amount of $200,000, development of a Water Supply Assessment (WSA) for the Foothill Specific Plan Update in the amount of $66,470, and additional design services for the Rialto Habitat and Nature Center in the amount of $488,411 as shown in Table 1 below:

Table 1 - Fees for Services
Task Description Amount ($)
1 As-Needed Support $200,000
2 Water Supply Assessment (WSA) $66,470
3 Rialto Habitat and Nature Center – additional design services $488,411 Total $754,881

Article 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 -1” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Million, One Hundred and Ninety-Six Thousand, Two Hundred and Twenty- Eight Dollars and Zero Cents ($2,196,228.00) (the “Contract DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

Sum”), unless additional compensation is approved pursuant to Section 1.9.”

1. GENERAL PROVISIONS.

1.1 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.

1.2 Integration. This Second Amendment consists of p ages 1 through 9 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.

1.3 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 Dopudja and Wells.

1.4 Applicable Law . The laws of the State of California shall gov ern the interpretation and enforcement of this Second Amendment.

1.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agr eement, unless expressly stated to the contrary in this Second Amendment.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.

[SIGNATURES ON FOLLOWING PAGE]

DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

FOR THE RIALTO UTILITY AUTHORITY,
a Municipal Corporation FOR Dopudja & Wells

____________________________ _____________________________ Henry Garcia, Rialto Utility Authority Name: Stephen Dopudja Executive Director
Date: __________________ Title: Chief Executive Officer Date:_____________________
ATTEST:

____________________________ ______________________________ Barbara McGee, Rialto Utility Authority Name: Jon Wells Board Secretary
Date:___________________ Title: Chief Financial Officer Date:_____________________

APPROVED AS TO FORM
Burke, Williams & Sorensen, LLP

____________________________
Eric S. Vail, Rialto Utility Authority
General Counsel
Date:___________________
RIV #4826-2789-2216 v1

DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 October 9, 2023
October 9, 2023
October 9, 2023
October 10, 2023
October 10, 2023

DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

Exhibit “C-1”

Billing Rates Schedule

6 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

CITY OF RIALTO

DISCLOSURES REQUIRED BY PERSONS OR ENTITIES
CONTRACTING WITH THE CITY OF RIALTO*

Pursuant to City of Rialto Municipal Code Section 2.48.510, all persons or business entities supplying any goods or services to the city, or seeking a loan or grant awarded by the city, whether through an application or proposal, shall disclose in such application or proposal whether any city officer, employee, or consultant may have a financial or non -financial interest in the person or business entity, or in any member, employee, owner, or officer of the business entity.  A financial interest shall mean any interest that is prohibited under state law, including California Government Code Sections 1090 and 87100, and California Code of Regulation Section 18700 et seq.
 A non-financial interest shall mean any interest that is prohibited by City of Rialto Municipal Code Section 2.48.450.

For the purpose of helping the City understand whether City personnel might have a conflict of interest in you or your organization, please disclose below whether you or any of your members, employees, paid or unpaid officers, paid or unpaid directors, or owners are (or are related to) a City elected or appointed official, a City officer, or a City employee or consultant.

Name of Your Organization’s
Affected Member, Employee,
Paid or Unpaid Officer, Paid or
Unpaid Director, or Owner

Name of City Elected or
Appointed Official, City
Officer, a City Employee or
Consultant
Relationship Between the
Two
None None None

By submitting this [application/proposal], or supplying any goods or services to the City, the [applicant/vendor/contractor/consultant] hereby attests under penalty of perjury, personally and/or on behalf of the entity [submitting this application/proposal or supplying any goods or services to the City] that no City of Rialto elected or appointed official, employee or consultant has a financial or non-financial interest, as such terms are defined in California Government Code Sections 1090 and 87100 and in City of Rialto Code of Ordinances Section

2.48.145, in the [applicant/vendor/contractor/consultant], except as specifically disclosed herein.

Name of Person/Entity: Dopudja & Wells, Consulting, Inc.

Title: Stephen Dopudja, President

Signature: Date: 11/28/22

Form Date 11/11/2021
DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

2.48.450 Employee conflict of interest.
(1) No covered person shall participate in the making of a grant or contract by the city in which the covered person has a conflicting interest.
(2) For purposes of this section, the following definitions shall apply:
(a) A “covered person” includes any person who holds an elected or appointed City office, a City officer, a City employee, and any person who is a consultant to the City. (b) A “conflicting interest” includes, but is not limited to, those decisions where:
(i) A covered person holds or has held within the previous twelve months a position with a potential grant or contract recipient;
(ii) A close relative of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient;
(iii) A close relative of the spouse or domestic partner of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient. (c) “Position” includes the status of a member, employee, owner, paid or unpaid officer of, paid or unpaid leadership position in, or had an ownership interest in, a grant or contract recipient. (d) A “close relative” includes a spouse, parent, grandparent, child, grandchild, aunt, uncle, or cousin. (e) “Participate in the making of a grant or contract” includes participation in: drafting a solicitation or contract; negotiating, voting on, approving, or executing a grant or contract; discussion of same with any city officer or employee; or attempts in any way to influence the making of a grant or contract. (3) This prohibition shall not apply to a contract let by written competitive bid where the contract will b e awarded to the person or entity who submits the lowest responsible and responsive bid. (4) Except for the Mayor or a member of the City Council, a covered person may request a waiver of any potential conflict of interest in writing from the City Manager. Any request for such a waiver must include full disclosure of the potential conflict of interest and a statement detailing any mitigating factors. The request and the City Manager’s response shall be provided to the City Council prior to any vote to approve t he contract or grant, or if City Council approval is not required, at least five days before the contract or grant is approved. The request and the City Manager’s response shall be considered a public record. (5) The prohibitions in this section are in additio n to any applicable federal or state conflict of interest laws, including but not limited to Government Code section 1090, and Government Code section 87100 et seq.

DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

(6) Any person who violates this section is subject to the following:
(a) Public censure;
(b) If the conflict of interest was in the making of a contract, a prohibition from participation in the making of a contract by the city for a period of time up to twelve (12) months from the date of the imposition of the discipline;
(c) If the conflict of interest was in the making of a grant, a prohibition from participation in the making of a grant by the city for a period of time of up to twenty-four (24) months from the date of the imposition of the discipline;
(d) An administrative fine pursuant to Chapter 1.10 of this code. (7) The discipline specified herein may be imposed:
(a) By the City Manager in the case of any employee or consultant who violates this section. (b) By the City Council in the case of any person who holds an elected or appointed City office, or any City officer who violates this section.

DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 1 FIRST AMENDMENT TO SERVICES AGREEMENT

BETWEEN THE RIALTO UTILITY AUTHORITY AND

DOPUDJA AND WELLS

This First Amendment to the Services Agreement (“First Amendment”) is hereby entered into this 8th day of February 2022 by and b etween the Dopudja and Well s Consulting, a California Corporation (“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
A. The Parties entered into the Services Agreement for engineering and as -needed support services on the 13th of April 2021 (the “Agreement”).

B. The Parties mutually desire to amend the Agreement to provide additional compensation for an increased level of assistance and as-needed support services to RUA and for providing the Final Design services of Lake Rialto Project.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises set forth herein, the Parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:

AMENDMENT. The Agreement is hereby modified and amended as follows:

1.1 Exhibit A is hereby amended to include the new scope of work for the Final Design of Lake Rialto Project:

Scope of Work
The following tasks comprise the scope of work required for the respective projects outlined above.

Task 1: Civil and Mechanical Construction Plans
Dopudja & Wells ’ team members will prepare 90%, 100% and final stamped and signed plans for the LRP , based on th e attached Figure 1. We will als o prepare a construction cost estimate that will be provided with each of the submittals . The anticipated drawings are as follows:
 G01 – Title Sheet with Location Map and Index of Drawings  G02 – Abbreviations, General Notes, Legend and Survey Control  C01 to C03 – Grading Sheets at a scale of 1 inch – 40 feet  C04 to C05 – Grading Details and Cross Sections
 C06 to C08 – Pipeline Plan and Profile Sheets
DocuSign Envelope ID: 5304C469-5595-4028-8ED2-6E2AFE7732B9 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 2  C09 to C11 – Civil Details and Structures
 M01 to M03 – Pump Station Mechanical and Electrical Plans  M04 – Pump Station Details
 E1 to E6 - Electrical Plans and Details
 I1 to I2 – Instrumentation Plans
The discharge Pump Station plans are proposed to be a package type pump station. Because the City is negotiating a full summer diversion pump stati on with IEUA, the timing of the permanent pump station versus completion of the LRP is yet undetermined. A tentative evaluation appears to indicate the completion of the LRP could coincide to the IEUA pump s tation. In the event the LRP is completed prior t o the IEUA summe r diversion pump station, we are proposing a package pump station that would allow the LRP to open sooner. To avoid the potential for duplicative pump station design s, and to save unnecessary design expense, Dopudja & Wells is proposing a 65% design of the package pump station for CEQA evaluation of the project. If the LRP and IEUA schedules coincide, this pump station design effort would be paused to save the City on design fees.

Due to the lower elevations of the LRP, a restroom facility would require a s ewage pump to remove waste . The anticipated length and volume of the sewage force main would likely result in significant maintenance and potential failure due to clogging. As part of our design, we will ex plore alternative restroom facilities such as a portable/trailer mount facility with a sump for routine pumping out via the City’s vactor truck.

Task 1 Deliverables: 90%, 100% and final stamped/signed plans.

No PLC or HMI are anticipated for pump station control. No standby generator is a nticipated. Powe r will be provided from the WWTP.

Major modifications to MCCs are not anticipated, Existing WWTP PLC is anticipated to monitor alarm status.

Is anticipated the City will prepare, submit, and obtain the necessary permits. Dopudja & Wells has budgeted some a s-need assistance to support the City in this effort.

Task 2: Offsite Surveying and Street Parking Plans
Wilson Mikami will assist Dopudja & Wells in preparing the offsite parking plans. For purposes of this proposal, we are utilizing the Agua Mansa (Alternative #3) concept, DocuSign Envelope ID: 5304C469-5595-4028-8ED2-6E2AFE7732B9 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 3 attached as Figure 2 . Because the o riginal onsite surveying did not cover Agua Mansa, some additional surveying is included to cover this area. We anticipate parking will occur west of the Rialto Channel , on the north si de of Agua Mansa Road. Our team will prepare 90%, 100% and final stamped and signed plans for the LRP. We will also prepare a cost estimate that will be provided with each of the submittals. The anticipated drawings for this task are as follows:
 P01 to P02 – Street Parking Plans
 P03 – Miscellaneous Parking Details
Task 2 Deliverables: 90%, 100% and final stamped/signed plans.

Is anticipated the City will prepare, submit, and obtain the necessary permits. Dopudja & Wells has budgeted some as -need assistance to support the City in this effort.

Task 3: Landscaping and Irrigation Plans
Buck and Associates will assist Dopudja & Wells in preparing the Plant Palettes, Planting and Irrigation Plan s. Our team will prepare 90%, 100% and final stamped and signed plans for the LRP. As part of our scope of work, we will coordi nate with local nurseries so the City can contract grow the required vegetation, prior to planting at the LRP. We will also prepa re a cost estimate that will be provided with each of the submittals. The anticipated drawings for this task are as follows:
 L01 to L03 – Landscape Planting Plans
 L04 – Plant Palette, Quantities and Notes
 L04 – Irrigation Plans
Task 3 Deliverables: 90%, 100% and final stamped/signed plans.

Is anticipated the City will pr epare, submit, and obtain the necessary permits. Dopudja & Wells has budgeted some as -need assistance to support the City in this effort.

Task 4: Hydrology/Hydraulics Report
Dopudja & Wells team members will prepare a Hydrology/Hydraulics Report in conformance with City standards to support the design of the grading and drainage improvements associated with the project. Our team will p repare hydraulic calculations for the inlet pipeline and lake level control structures. The Hydrology/Hydraulic Study will address the existing and ultimate site condition to DocuSign Envelope ID: 5304C469-5595-4028-8ED2-6E2AFE7732B9 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 4 assure that propo sed drainage improvements are compatible with the existing and ultimate development of the site. The Hydrology/Hydraulic Study will be submitted for review as part of the Grading and Improvement Plan submittal.

Task 4 Deliverables: 90%, 100% and final Hydrology/Hydraulics Report.

Is anticipated the City will prepare, submit, and obtain the necessary permits. Dopudja & Wells has budgeted some as -need assistance to support the City in this effort.

Task 5: Storm Water Pollution Prevention Plan (SWPPP)
Dopudja & Wells team members will prepare a SWPPP in conformance with the State Water Resource Control Board and City of Rialto requirements. The SWPPP will be prepared prior to commencement of grading and will include sampling and analysis procedures as well as other recent modifications to the general construction storm water permit.

Task 5 Deliverables: Final SWPPP.

Is anticipated the City will prepare, submit , and obtain the necessary permits. Dopudja & Wel ls has budgeted some as -need assistance to support the City in this effort.

Task 6: Technical Specifications
Dopudja & Wells team members will prepare draft and final specification document for bidding and construction of the LRP. The T echnical Specificatio ns will be customized for the LRP. The “front End “contracting documents will be provided by the City and be consistent with City procurement standards. We anticipate the City will advertise and procure bids through the City’s normal procurement process.

Task 6 Deliverables: 90%, 100% and final stamped/signed Technical Specifications.

Is anticipated the City will prepare, submit, and obtain the ne cessary permits. Dopudja & Wells has budgeted some as -need assistance to support the City in this effort.

DocuSign Envelope ID: 5304C469-5595-4028-8ED2-6E2AFE7732B9 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 5 Task 7: Construction Period Engineering Services
Dopudja & Wells team members will provide construction phase engineering support services. These include:
 Review and respond to up to six Request for Information  Review and respond to up to six Submittals
 Review and respond to up to two Contract Change Orders  Attend up to eight construction meetings
 Geotechnical Engineering assistance during the construction period (up to 40 hours)
 Landscaping and irrigation system assistance during the c onstruction period (up to 40 hours)
Task 7 Deliverables: Miscellaneous response to Requests for Information, Submittals and Contract Change Orders.

Task 8: Project Management
Dopudja & Wells and our team members will provide overall project management to ensure the project remains on budget and schedule.

Task 8 Assumptions: City will be responsible for preparing, submitting, obtaining and associated cost for the necessary permits.

A total of 40 hours of as-needed assistance has been budgeted.

1.2 Exhibit “C” is hereby amended as follows:

Section I is hereby amended to provide additional compensation for an increased level of assistance and as-needed support services to RUA in the amount of $200,000 and additional compensation for the Final Design services for Lake Rialto Project as shown in Table 1 below in the amount of $517,864:

DocuSign Envelope ID: 5304C469-5595-4028-8ED2-6E2AFE7732B9 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 6 Section IV is hereby amended and restated in its entirety to read as follows:
“Subject to any lim itations set forth in this Agreement, RUA agrees to pay Consultant the amounts speci fied in the “Schedule o f Compensation” attached hereto as Exhibit “C-1” and incorporated herein by this reference.

The total compensation, including reimbursement for actual expenses, shall not exceed One Million, Two Hundred and Three Thousand, Eight Hundred and Sixty-Four Dollars and Zero C ents ($ 1,203,864.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”

2. GENERAL PROVISIONS.

2.1 Remainder Unchanged . Excep t as sp ecifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.

2.2 Integration. This First Amendment consists of pages 1 through 9 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 First Amendment.

2.3 Effective Date. This First Amendment shall not become effectiv e until the date it has been formally approved and executed by the appropriate authorities of the RUA and Dopudja and Wells.

2.4 Applicable Law . The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.

2.5 References. A ll re ferences to the Agreement include all their res pective terms and provisions. All def ined terms utilized in this First Amendment have the same DocuSign Envelope ID: 5304C469-5595-4028-8ED2-6E2AFE7732B9 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 7 meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 5304C469-5595-4028-8ED2-6E2AFE7732B9 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 8 FOR THE RIALTO UTILITY AUTHORITY,
a Municipal Corporation FOR Dopudja & Wells

____________________________ _____________________________ Marcus Fuller, Rialto Utility Authority Name: Stephen Dopudja Executive Director
Date: __________________ Title: Chief Executive Officer Date:_____________________
ATTEST:

APPROVED AS TO FORM
Burke, Williams & Sorensen, LLP

____________________________
Eric S. Vail, Rialto Utility Authority
General Counsel
Date:___________________
RIV #4826-2789-2216 v1
DocuSign Envelope ID: 5304C469-5595-4028-8ED2-6E2AFE7732B9 3/14/2022
3/14/2022
3/14/2022
3/14/2022
3/14/2022
DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 9 Exhibit “C-1”

Billing Rates Schedule

DocuSign Envelope ID: 5304C469-5595-4028-8ED2-6E2AFE7732B9 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

SECOND AMENDMENT TO SERVICES AGREEMENT

BETWEEN THE RIALTO UTILITY AUTHORITY AND

DOPUDJA AND WELLS

This Second Amendment to the Services Agreement (“Second Amendment”) is hereby entered into this 13th day of December 2022 by and between the Dopudja and Wells Consulting, a California Corporation (“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
A. The Parties entered into the Services Agreement for engineering and as-needed support services on the 13th of April 2021 (the “Agreement”).

B. A First Amendment was executed on the 8th of February 2022.

C. The Parties mutually desire to amend the Agreement to provide additional compensation for an increase d level of assistance and as-needed support services to RUA and for providing the Final Design services of Lake Rialto Project.

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:

Exhibit A is hereby amended to include the new scope of work for As-Needed Support and the Final Design of Lake Rialto Project:

Scope of Work
The following tasks comprise the scope of work required for the respective projects outlined above.

Task 1. As-Needed Support
Sub-Task 1.1 Meeting Attendance, Coordination and On-Going Staff Support Dopudja & Wells will provide as-needed staff support, assistance, and any attendance at the following meetings, when requested:
 Meetings for Facility/Capital Improvement Plans and Operations  City Staff Meetings
 City Council Meetings
 Water Subcommittee Meetings
 Utility Commission Meetings
 Miscellaneous/Other meetings at the request of the City This effort will be charged on a time and materials hourly basis, with support to be DocuSign Envelope ID: 340482B4-12E1-4EB0-882F-9502FD890FB2 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 utilized at the request of the City. Any non-utilized support will not be billed to the City.

Sub-Task 1.2 Review Reports and Statements
Dopudja & Wells may be requested to provide supplemental assistance with the review of various reports and projected budgets, as needed. Reports may include, but would not be limited to, the following:
 Monthly and Annual Operations & Maintenance and Customer Service Reports  Electrical Settlement Statements
 Quarterly Asset Management Reports to Verify conformance with the Concession Agreement Schedules A.6.3 and B.6.3
 Annual Wastewater Chemical Settlement Statement to verify conformance with the Concession Agreement Article VIII, Section 8.13, Part a.  Annual Water Chemical Settlement Statement to verify conformance with the Concession Agreement Article XIV, Section 14.13, Part a.

Sub-Task 1.3 Engineering Studies and Planning Support Services Upon request of the City Manager, Deputy City Manager or the Utilities Manager, Dopudja & Wells will conduct miscellaneous engineering studies for the City. Potential subjects include, but are n ot limited to, on-going hydraulic modeling, load analysis of t he City’s water distribution and wastewater collection systems.

Task 1.1, 1.2 and 1.3 Deliverables: Miscellaneous reports, memoranda and documents, as required.

Sub-Task 1.4 Triennial Inspection Support Services
agreeable to using an alternate consultant for scheduling purposes, but has requested Dopudja & Wells to provide some ove rsight of the process and findings. Our team will shadow Arup staff and review materials provided to Arup from RWS/Veolia. We will evaluate the draft report for consistency with observations of backup materials and site visits. Task 1.4 Deliverables: Review of Triennial Inspection.

DocuSign Envelope ID: 340482B4-12E1-4EB0-882F-9502FD890FB2 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 3 Task 2. Lake Rialto Supplemental Survey and Geotechnical Services During the final design phase of Lake Rialto, it has become necessary to perform additional surveying and geotechnical services. T he additional surveying will o ccur in three areas. The first is to survey the invert and top of the pipe of the effluent discharge pipeline to the Rialto C hannel. The City does not have the record plans and this information is necessary to design the diver sion structure. The second are a is the empty lot north of the wastewater treatment plant and the access road along the Rialto Channel. This second area may become necessary if additional parking and access is necessary. This consideration came from comment s from the City’s Public Works department, during the project review. If this option does not become necessary, the work will not be performed.

Some additional effort is also required to the Base Geotechnical Engineering. From the preliminary design phase through now, additional field effort was required due to necessary grading modifications to the bottom and south side of Lake Rialto. This additional effort is reflected in the current grading plans.

Task 2 Deliverables: Supplemental survey files and data. Updated Geotechnical Report.

Exhibit “C” is hereby amended as follows:

Section I is hereby amended to provide additional compensation for an increase d level of assistance and as-needed support services to RUA in the amount of $200,000 and additional compensation for the Final Design services for Lake Rialto Project in the amount of $35,150 as shown in Table 1 below:

Table 1 - Fees for Services
Task Description Amount ($)
1 As-Needed Support $200,000
2 Lake Rialto Supplemental Survey and Geotechnical Services $35,150 Reimbursables, mileage, travel, etc. $2,333
Total $237,483

Section IV is hereby amended and restated in its entirety to read as follows:
“Subject to any lim itations set forth in this Agreement, RUA agrees to pay Consultan t the amounts speci fied in the “Sc hedule o f Compensation” attached hereto as Exhibit “C -1” and incorporated herein by this reference. The total compensation, in cluding reimbursement for actual expenses, shall not exceed One Million, Four Hundred and Forty-One Thousand, Three Hundred and Forty- Seven Dollars a nd Zero C ents ($ 1,441,347.00) (the “Contract DocuSign Envelope ID: 340482B4-12E1-4EB0-882F-9502FD890FB2 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 4 Sum”), unless additional compensation is approved pursuant to Section 1.9.”

1. GENERAL PROVISIONS.

1.1 Remainder Unchanged . Excep t as sp ecifically modified and amended in this Second Amendment, the Agreement remains in full force and effect and binding upon the parties.

1.2 Integration. This Second Amendment consists of pages 1 thr ough 9 inclusive, which constitute the entire understandi ng 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.

1.3 Effective Date . This Second Amendment shall not become effectiv e unti l the date it has been formally approve d and executed b y the appropriate authorities of the RUA and Dopudja and Wells.

1.4 Applicable Law . The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment.

1.5 References. A ll re ferences to the Agreement incl ude all their res pective terms and provisions. All def ined terms utilized in this First Amendment have the same meaning as provided in the Agreem ent, u nless expressly stated to the contrary in this Second Amendment.

IN WI TNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.

[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 340482B4-12E1-4EB0-882F-9502FD890FB2 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 5 FOR THE RIALTO UTILITY AUTHORITY,
a Municipal Corporation FOR Dopudja & Wells

APPROVED AS TO FORM
Burke, Williams & Sorensen, LLP

____________________________
Eric S. Vail, Rialto Utility Authority
General Counsel
Date:___________________
RIV #4826-2789-2216 v1
DocuSign Envelope ID: 340482B4-12E1-4EB0-882F-9502FD890FB2 December 20, 2022
December 21, 2022
December 21, 2022
December 21, 2022
December 21, 2022
DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 6 Exhibit “C-1”

Billing Rates Schedule

DocuSign Envelope ID: 340482B4-12E1-4EB0-882F-9502FD890FB2 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

November 18, 2022
Marcus Fuller, P.LS., P.E.

City Manager
City of Rialto
150 South Palm Avenue
Rialto, CA. 92376

SUBJECT: Proposal to Provide 2023 As-Needed Consulting Support and Supplemental Effluent Monetization Negotiations Services

Dear Mr. Fuller,
Dopudja & Wells Consulting (Dopudja & Wells) appreciates the opportunity to submit this proposal to the City of Rialto (City) for additional support as-needed consulting support and in further monetizing the City’s wastewater effluent.

Presented below is the proposed final design Scope of Work, estimated budget and schedule. We are proposing to proceed with the same team members that have historical knowledge of this monetization concept since it’s inception. You may recall the City maintains all ownership to its wastewater effluent discharges. Through a multi- year collaborative process, the City of Rialto and the Inland Empire Utilities Agency (IEUA) have executed a term sheet for a fifty-year agreement to purchase the right to divert the City’s effluent to IEUA’s RP-4 facility, where it will be advanced treated for injection into the local groundwater basin. Under this proposal, additional support is necessary through the completion of IEUA’s Preliminary Design Report and execution of the Final Negotiated Contract. Additionally, the preliminary efforts to monetize the remaining winter effluent have yielded some potential opportunities the City would Like Dopudja & Wells to explore further. The anticipated effort is expected to be completed in the early summer of 2023.

Scope of Work
The following tasks comprise the scope of work required for the respective projects outlined above.

 Utility Commission Meetings
 Miscellaneous/Other meetings at the request of the City This effort will be charged on a time and materials hourly basis, with support to be utilized at the request of the City. Any non-utilized support will not be billed to the City.

Sub-Task 1.2 Review Reports and Statements
Dopudja & Wells may be requested to provide supplemental assistance with the review of various reports and projected budgets, as needed. Reports may include, but would not be limited to, the following:
 Monthly and Annual Operations & Maintenance and Customer Service Reports  Electrical Settlement Statements
 Quarterly Asset Management Reports to Verify conformance with the Concession Agreement Schedules A.6.3 and B.6.3
 Annual Wastewater Chemical Settlement Statement to verify conformance with the Concession Agreement Article VIII, Section 8.13, Part a.
 Annual Water Chemical Settlement Statement to verify conformance with the Concession Agreement Article XIV, Section 14.13, Part a.

Sub-Task 1.3 Engineering Studies and Planning Support Services Upon request of the City Manager, Deputy City Manager or the Utilities Manager, Dopudja & Wells will conduct miscellaneous engineering studies for the City. Potential subjects include, but are not limited to, on-going hydraulic modeling, load analysis of the City’s water distribution and wastewater collection systems.

Task 1.1, 1.2 and 1.3 Deliverables: Miscellaneous reports, memoranda and documents, as required.

Sub-Task 1.4 Triennial Inspection Support Services
The most recent 2022 Triennial Inspection is being performed by the consulting firm, Arup. The City of Rialto was agreeable to using an alternate consultant for scheduling purposes, but has requested Dopudja & Wells to provide some oversight of the process and findings. Our team will shadow Arup staff and review materials provided to Arup from RWS/Veolia. We will evaluate the draft report for consistency with observations of backup materials and site visits.

Task 1.4 Deliverables: Review comments to the Draft 2022 Triennial Inspection Report.

DocuSign Envelope ID: 340482B4-12E1-4EB0-882F-9502FD890FB2 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

Task 2. Lake Rialto Supplemental Survey and Geotechnical Services During the final design phase of Lake Rialto, it has become necessary to perform additional surveying and geotechnical services. The additional surveying will occur in three areas. The first is to survey the invert and top of the pipe of the effluent discharge pipeline to the Rialto Channel. The City does not have the record plans and this information is necessary to design the diversion structure. The second area is the empty lot north of the wastewater treatment plant and the access road along the Rialto Channel. This second area may become necessary if additional parking and access is necessary. This consideration came from comments from the City’s Public Works department, during the project review. If this option does not become necessary, the work will not be performed.

Task 2 Deliverables: Supplemental survey files and data. Updated Geotechnical Report.

Task 3. Supplemental Effluent Monetization Services
In order to meet the City’s desired schedule of an approved Term Sheet by September 2022, the prior scope of work had to be modified and expedited, which required additional effort and some out-of-sequence work. The Term Sheet has been fully executed by the City and IEUA, and the remaining effort is anticipated to continue through July 2023. The following tasks outline the anticipated efforts.

Sub-Task 3.1 Additional Coordination and Oversight of the IEUA Facilities Preliminary Design After the approval of the Principles of Agreement between the City and IEUA, the IEUA Preliminary Design Report (PDR) is ongoing, with anticipated completion in Spring 2023. The PDR will continue to evaluate and size the proposed diversion pump station at the City’s wastewater treatment plant (WWTP) and conveyance pipeline from the pump station to IEUA’s RP-4 treatment facility. Per the approved and fully executed Principles of Agreement, IEUA is funding these improvements. However, in exchange for this funding, the City has agreed to a fixed price per acre-foot purchase that also considers this funding. As a result, the City will have ownership or capacity interest in these facilities. As such, the City should continues to provide input into and have oversight within IEUA’s preliminary design report process. Dopudja & Wells’ team will work with the City and IEUA staff to provide input and oversight on the City’s behalf.

Task 1 Deliverables: Review comments to IEUA’s Preliminary Design Report. Project update memos and/or emails to the City of Rialto.

Assumptions: This process is anticipated to be completed in Spring 2023. Dopudja & Wells will provide regular updates to the City of Rialto’s Water Subcommittee.

DocuSign Envelope ID: 340482B4-12E1-4EB0-882F-9502FD890FB2 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

Task 3.2 Evaluation of the need for a supplemental well As part of the approved and executed Principles of Agreement, IEUA has committed up to $1 million towards a supplemental well. This well was considered to facilitate the desired summer diversion of effluent, between May and October. Due to the discharge requirements under the Santa Ana River Multi-Species Habitat Conservation Plan (SAR HCP), it was anticipated that the shoulder months of May/June and September/ October could pose challenges to a full diversion. The $1 million commitment is intended to allow the City to supplement flows to meet SAR HCP requirements. Preliminary analyses have been performed but additional coordination is required with IEUA and San Bernardino Valley Municipal Water District, which is the lead agency for the SAR HCP.

Task 3.2 Deliverables: Project update memos and/or emails to the City of Rialto, as needed.

Task 3.3 Negotiation of Final Contract
In order to achieve the City’s desired schedule, the Term Sheet and preliminary negotiations needed to be expedited. The approved Term Sheet will serve as the outline for the Final Contract. Dopudja & Wells will work with IEUA staff and legal counsels for the City and IEUA throughout negotiations and approval of the Final Contract, through approval by both agencies.

Task 3.3 Deliverables: Final negotiated contract for approval by the City Council and IEUA Board of Directors.

Assumptions: This effort is anticipated to be completed by July 2023. We also anticipate the City Attorney will be working in parallel with our team during the negotiations to achieve a final contract that is recommended for approval.

Task 3.4 Exploration of Winter/Other Effluent Flow Monetization The approved Principles of Agreement is structured to allow IEUA the first opportunity to purchase any additional flows above the base 3,500 acre-feet per year amount set forth in the agreement. Any additional flows have been set for the City to receive a higher compensation over the base amount. However, the Principles of Agreement also contains provisions for the City to externally market those non-utilized flows. IEUA has initially stated they do not anticipate utilizing Rialto flows during the months of November through April but are re-evaluating their position. Dopudja & Wells has explored additional opportunities that warrant further exploration, in the event IEUA does not execute their right to obtain the optional flows. Dopudja & Wells’ team will continue to explore other opportunities to monetize any flows that IEUA does not anticipate utilizing during the term of the contract.

Task 3.4 Deliverables: Project update memos and/or emails to the City of Rialto.

Assumptions: Any negotiations of a separate agreement are not anticipated within the budget of this proposal.

DocuSign Envelope ID: 340482B4-12E1-4EB0-882F-9502FD890FB2 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

Task 3.5 Project Management
Dopudja & Wells’ team will provide overall project management to ensure the project remains on budget and schedule.

Assumptions: City will be responsible for preparing, submitting, obtaining and associated cost for the necessary permits
Proposed Fee and Schedule
Table 1 below outlines the proposed fee by tasks. Due to the negotiation nature of this proposal, the fee is based on a time and materials approach. Table 2 provides the anticipated schedule breakdown for the project. The breakdown by task is an estimate of the anticipated distribution of cost. To ensure the time and materials estimate per task protects the City, budget between task may be utilized.

Table 1 - Fees for Services
Task Description Amount ($)
1 As-Needed Support $200,000
2 Lake Rialto Supplemental Survey and Geotechnical Services $35,150

3.1 Coordination and Oversight of the IEUA Facilities Preliminary Design $178,500

3.2 Evaluation of the need for a supplemental well $49,480

3.3 Negotiation of Final Contract $154,700

3.4 Exploration of Winter Effluent Flow Monetization $59,500

3.5 Project Management $51,200
Reimbursables, mileage, travel, etc. (estimated) $3,500 Total $732,030

DocuSign Envelope ID: 340482B4-12E1-4EB0-882F-9502FD890FB2 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

Table 2 – Anticipated Effluent Monitization Schedule

Task/Subtask
Dec-2022 Jan-2023 Feb-2023 Mar-2023 Apr-2023 May-2023 Jun-2023 Jul-2023 Coordination and Oversight of the IEUA Preliminary Design Negotiation of Final Contract
Exploration of Winter Effluent Flow Monetization
Project Management
City and IEUA Final Contract
Notes:

Anticipated Notice to Proceed is March 2022
= Presentation to the Water Subcommittee
= Presentation to Rialto Water Subcommittee and IEUA Committee(s) = Approval by Rialto City Council and IEUA Board of Directors. Term Sheet is already fully approved.

Thank you for the opportunity to allow Dopudja & Wells to support the City of Rialto on these Exciting Projects.

Sincerely,
Dopudja & Wells Consulting

Stephen Dopudja, P.E.

President/CEO
RCE #65187

DocuSign Envelope ID: 340482B4-12E1-4EB0-882F-9502FD890FB2 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

CITY OF RIALTO

DISCLOSURES REQUIRED BY PERSONS OR ENTITIES
CONTRACTING WITH THE CITY OF RIALTO*

Pursuant to City of Rialto Municipal Code Section 2.48.510, all persons or business entities supplying any goods or services to the city, or seeking a loan or grant awarded by the city, whether through an application or proposal, shall disclose in such application or proposal whether any city officer, employee, or consultant may have a financial or non-financial interest in the person or business entity, or in any member, employee, owner, or officer of the business entity. • A financial interest shall mean any interest that is prohibited under state law, including California Government Code Sections 1090 and 87100, and California Code of Regulation Section 18700 et seq.
• A non-financial interest shall mean any interest that is prohibited by City of Rialto Municipal Code Section 2.48.450.

Name of Your Organization’s
Affected Member, Employee,
Paid or Unpaid Officer, Paid or
Unpaid Director, or Owner
Name of City Elected or
Appointed Official, City
Officer, a City Employee or
Consultant
Relationship Between the
Two

2.48.145, in the [applicant/vendor/contractor/consultant], except as specifically disclosed herein.

Name of Person/Entity:

Title:

Signature: Date:

Form Date 11/11/2021

11/28/22
Stephen Dopudja, President
Dopudja & Wells, Consulting, Inc.

None
None
None
DocuSign Envelope ID: 340482B4-12E1-4EB0-882F-9502FD890FB2 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

2.48.450 Employee conflict of interest.
(1) No covered person shall participate in the making of a grant or contract by the city in which the covered person has a conflicting interest.
(2) For purposes of this section, the following definitions shall apply:
(a) A “covered person” includes any person who holds an elected or appointed City office, a City officer, a City employee, and any person who is a consultant to the City. (b) A “conflicting interest” includes, but is not limited to, those decisions where:
(i) A covered person holds or has held within the previous twelve months a position with a potential grant or contract recipient;
(ii) A close relative of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient;
(iii)A close relative of the spouse or domestic partner of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient. (c) “Position” includes the status of a member, employee, owner, paid or unpaid officer of, paid or unpaid leadership position in, or had an ownership interest in, a grant or contract recipient. (d) A “close relative” includes a spouse, parent, grandparent, child, grandchild, aunt, uncle, or cousin. (e) “Participate in the making of a grant or contract” includes participation in: drafting a solicitation or contract; negotiating, voting on, approving, or executing a grant or contract; disc ussion of same with any city officer or employee; or attempts in any way to influence the making of a grant or contract. (3) This prohibition shall not apply to a contract let by written competitive bid where the contract will be awarded to the person or entity who submits the lowest responsible and responsive bid. (4) Except for the Mayor or a member of the City Council, a covered person may request a waiver of any potential conflict of interest in writing from the City Manager. Any request for such a waiver must include full disclosure of the potential conflict of interest and a statement detailing any mitigating factors. The request and the City Manager’s response shall be provided to the City Council prior to any vote to approve the contract or grant, or if City Council approval is not required, at least five days before the contract or grant is approved. The request and the City Manager’s response shall be considered a public record. (5) The prohibitions in this section are in addition to any applicable federal or s tate conflict of interest laws, including but not limited to Government Code section 1090, and Government Code section 87100 et seq.

DocuSign Envelope ID: 340482B4-12E1-4EB0-882F-9502FD890FB2 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 (6) Any person who violates this section is subject to the following:
(a) Public censure;
(b) If the conflict of interest was i n the making of a contract, a prohibition from participation in the making of a contract by the city for a period of time up to twelve (12) months from the date of the imposition of the discipline;
(c) If the conflict of interest was in the making of a gra nt, a prohibition from participation in the making of a grant by the city for a period of time of up to twenty-four (24) months from the date of the imposition of the discipline;
(d) An administrative fine pursuant to Chapter 1.10 of this code. (7) The discipline specified herein may be imposed:
(a) By the City Manager in the case of any employee or consultant who violates this section. (b) By the City Council in the case of any person who holds an elected or appointed City office, or any City officer who violates this section.

DocuSign Envelope ID: 340482B4-12E1-4EB0-882F-9502FD890FB2 DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

CITY OF RIALTO

DISCLOSURES REQUIRED BY PERSONS OR ENTITIES
CONTRACTING WITH THE CITY OF RIALTO*

Pursuant to City of Rialto Municipal Code Section 2.48.510, all persons or business entities supplying any goods or services to the city, or seeking a loan or grant awarded by the city, whether through an application or proposal, shall disclose in such application or proposal whether any city officer, employee, or consultant may have a financial or non-financial interest in the person or business entity, or in any member, employee, owner, or officer of the business entity. • A financial interest shall mean any interest that is prohibited under state law, including California Government Code Sections 1090 and 87100, and California Code of Regulation Section 18700 et seq.
• A non-financial interest shall mean any interest that is prohibited by City of Rialto Municipal Code Section 2.48.450.

2.48.145, in the [applicant/vendor/contractor/consultant], except as specifically disclosed herein.

Name of Person/Entity:

Title:

Signature: Date:

Form Date 11/11/2021

11/28/22
Stephen Dopudja, President
Dopudja & Wells, Consulting, Inc.

None
None
None
DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

2.48.450 Employee conflict of interest.
(1) No covered person shall participate in the making of a grant or contract by the city in which the covered person has a conflicting interest.
(2) For purposes of this section, the following definitions shall apply:
(a) A “covered person” includes any person who holds an elected or appointed City office, a City officer, a City employee, and any person who is a consultant to the City. (b) A “conflicting interest” includes, but is not limited to, those decisions where:
(i) A covered person holds or has held within the previous twelve months a position with a potential grant or contract recipient;
(ii) A close relative of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient;
(iii)A close relative of the spouse or domestic partner of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient. (c) “Position” includes the status of a member, employee, owner, paid or unpaid officer of, paid or unpaid leadership position in, or had an ownership interest in, a grant or contract recipient. (d) A “close relative” includes a spouse, parent, grandparent, child, grandchild, aunt, uncle, or cousin. (e) “Participate in the making of a grant or contract” includes participation in: drafting a solicitation or contract; negotiating, voting on, approving, or executing a grant or contract; disc ussion of same with any city officer or employee; or attempts in any way to influence the making of a grant or contract. (3) This prohibition shall not apply to a contract let by written competitive bid where the contract will be awarded to the person or entity who submits the lowest responsible and responsive bid. (4) Except for the Mayor or a member of the City Council, a covered person may request a waiver of any potential conflict of interest in writing from the City Manager. Any request for such a waiver must include full disclosure of the potential conflict of interest and a statement detailing any mitigating factors. The request and the City Manager’s response shall be provided to the City Council prior to any vote to approve the contract or grant, or if City Council approval is not required, at least five days before the contract or grant is approved. The request and the City Manager’s response shall be considered a public record. (5) The prohibitions in this section are in addition to any applicable federal or s tate conflict of interest laws, including but not limited to Government Code section 1090, and Government Code section 87100 et seq.

DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3 (6) Any person who violates this section is subject to the following:
(a) Public censure;
(b) If the conflict of interest was i n the making of a contract, a prohibition from participation in the making of a contract by the city for a period of time up to twelve (12) months from the date of the imposition of the discipline;
(c) If the conflict of interest was in the making of a gra nt, a prohibition from participation in the making of a grant by the city for a period of time of up to twenty-four (24) months from the date of the imposition of the discipline;
(d) An administrative fine pursuant to Chapter 1.10 of this code. (7) The discipline specified herein may be imposed:
(a) By the City Manager in the case of any employee or consultant who violates this section. (b) By the City Council in the case of any person who holds an elected or appointed City office, or any City officer who violates this section.

DocuSign Envelope ID: 2A802CA6-2EFD-467A-916F-466DB246B8D3

Rialto City CouncilMarch 25, 2025

Rialto City Council
March 25, 2025