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FIFTH AMENDMENT TO THE
SERVICES AGREEMENT
BETWEEN THE RIALTO UTILITY AUTHORITY
AND
SOTO RESOURCES
1. PARTIES AND DATE.
This Fifth Amendment to the Services Agreement (“Fifth Amendment”) is made and entered into this 24th day of February 2026, by and between the Rialto Utility Authority (“RUA”) and Soto Resources, a California sole proprietor (“Consultant”). RUA and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Fifth Amendment.
2. RECITALS.
2.1 Agreement. RUA and Consultant entered into that certain Services Agreement dated July 13, 2021 , (“Agreement”), whereby Consultant agreed to provide services related to funding research and strategy reporting, and funding application assistance.
2.2 Amendment. RUA and Consultant desire to amend the Agreement by this Fifth 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 ifth 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 Fifth Amendment pursuant to the “Fee Schedule” provided in Exhibit A in a total amount not to exceed $200,000.00 (Two Hundred Thousand Dollars and Zero Cents). The total compensation, including reimbursement for actual expenses, the RUA will pay Consultant pursuant to the Agreement as amended by this Fifth Amendment shall not exceed $662,600.00 (Six Hundred Sixty-Two Thousand Six Hundred Dollars and Zero Cents).
3.3 Time for Performance. The time to complete the additional services included in the Fifth Amendment shall begin immediately upon execution of the Fifth Amendment. The Term of this Agreement shall be extended through June 30, 2027.
4. MISCELLANEOUS TERMS.
4.1 Continuing Effect of Agreement. Except as amended by this Fifth Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Fifth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Fifth 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 Fifth Amendment.
4.3 Counterparts. This Fifth 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 California 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 Fifth 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 Fifth Amendment on behalf of said party, (iii) by so executing this Fifth Amendment, such party is formally bound to the provisions of this Fifth Amendment and (iv) the entering into this Fifth 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 SOTO RESOURCES, California Sole Proprietor
By: By:
Tanya Williams Signature
Executive Director
Joey Soto, MS
Printed Name
Attest:
Principal
Title
By:
Barbara A. McGee
Secretary By:
Signature
Approved as to Form:
Printed Name
Burke, Williams & Sorensen, LLP
Title
By:
Eric S. Vail **Two signatures are required if a
General Counsel corporation**
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EXHIBIT “A”
SCOPE OF SERVICES
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