Rialto City Council
May 12, 2026

FIRST AMENDMENT TO THE

SERVICES AGREEMENT

BETWEEN THE CITY OF RIALTO
AND

FOUNTAINHEAD CONSULTING CORPORATION

1. PARTIES AND DATE.

This First Amendment to the Services Agreement (“First Amendment”) is made and entered into this 12th of May 2026, by and between the City of Rialto (“City”) and Fountainhead Consulting Corporation, a California S Corporation, (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.

2. RECITALS.

2.1 Agreement. City and Consultant entered into that certain Services Agreement dated December 16th, 2025, (“Agreement”), whereby Consultant agreed to provide services to the City related to providing interim Capital Improvement Project (CIP) manager services (“Project”).

2.2 Amendment. City and Consultant desire to amend the Agreement by this First Amendment to extend the term of the Agreement, and to increase the total amount of compensation for the Agreement.

3. TERMS.

3.1 Payment Terms. Consultant shall be compensated for the additional services included in this First Amendment in an amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00). The total compensation, including reimbursement for actual expenses, the City will pay Consultant pursuant to the Agreement as amended by the First Amendment shall not exceed Two Hundred Ninety-Five Thousand Dollars and Zero Cents ($295,000.00).

3.2 Time for Performance. The time to complete the additional services included in the First Amendment shall begin immediately upon execution of the First Amendment. The Term of this Agreement shall be extended through June 30, 2027.

3.3 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment. 547
4932-5429-8274 v3
April 15, 2026 Page 2 of 3

3.4 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 First Amendment.

3.5 Counterparts. This First 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.

3.6 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 City 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 City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.

3.7 Corporate Authority. The persons executing this First 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 First Amendment on behalf of said party, (iii) by so executing this First Amendment, such party is formally bound to the provisions of this First Amendment and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
548
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April 15, 2026 Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have executed and entered into this Agreement on the date first written above.

CITY: CONSULTANT:

CITY OF RIALTO, a municipal
corporation

FOUNTAINHEAD CONSULTING
CORPORATION, a California
corporation
By: By:

Tanya Williams, City Manager Signature
ATTEST: Ivan Benavidez
Name
By:

Barbara A. McGee, City Clerk Principal
Title
APPROVED AS TO FORM:

By:

Burke, Williams & Sorensen, LLP Signature
By: Cheryl Blecker
Eric S. Vail, City Attorney Name
Corporate Secretary
Title
**Two signatures are required if a
corporation**
549

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
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.

Date:

Name of Person/Entity:

Title:

Signature:

Revised - July 2025
None N/A N/A
Cheryl Blecker
Corporate Secretary
December 15, 2025
550

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 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 state conflict of interest laws, including but not limited to Government Code section 1090, and Government Code section 87100 et seq. 551
(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.
552
City of Rialto
Legislation Text
File #: 26-0315, Version: 1, Agenda #: TAB3
For City Council Meeting May 12, 2026
TO: Honorable Mayor and City Council
FROM: Tanya Williams, City Manager
AUTHOR: Cynthia Alvarado, Director of Parks, Recreation and Community Services Request City Council to: (1) Award a Service Agreement to Michael Baker International in an Amount Not to Exceed $196,000 for the Preparation of the City of Rialto Parks Master Plan; and (2) Authorize the City Manager or Their Designee to Execute all Related Documents. (PRESENTATION)
(ACTION)

RECOMMENDATION
Staff recommends that the City Council:
1) Award a Service Agreement to Michael Baker International in an amount not to exceed $196,000 for the preparation of the City of Rialto Parks Master Plan; and 2) Authorize the City Manager or their designee to execute all related documents.

BACKGROUND
The City of Rialto’s 2010 General Plan includes goals and policies related to parks, open space, and recreation. Most significantly, it contains an explicit directive for the City to develop a Parks Master Plan. Policy 2-27.1 directs the City to “establish a Master Plan for Parks and Recreation that achieves a park ratio of 3.0 acres per 1,000 residents, evenly distributes park facilities throughout the community, and contains strategies for funding facilities and maintenance.” That mandate, adopted by the City Council 15 years ago, has not yet been fulfilled.

A Parks Master Plan is a comprehensive, long-range policy and planning document that serves as the foundational guide for the development, improvement, programming, and management of a city's parks system for the next 10 to 20 years. It is a strategic roadmap that connects community values to capital investments, programming priorities, and equitable access to parks and open spaces.

A well-crafted Parks Master Plan typically includes the following core components:
· An inventory and assessment of all existing parks, facilities, trails, and open spaces · A community needs assessment, including resident surveys, demographic analysis, and stakeholder engagement
· A level-of-service analysis that measures how well the current parks system meets the needs of the population
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· Park and facility classification standards
· Goals, objectives, and policy recommendations
· A prioritized Capital Improvement Program (CIP) identifying specific projects, timelines, cost estimates, and funding source recommendations
· A funding and implementation strategy, including identification of grant opportunities · Equity and access considerations, including analysis of park distribution across neighborhoods
A Parks Master Plan also serves as a grant-eligibility document. Many state and federal funding programs, including those administered through California's Proposition 68 (Parks, Environment, and Water Bond), the Land and Water Conservation Fund (LWCF), the California Department of Parks and Recreation's Statewide Park Program, and the active transportation and community resilience grant programs, require or strongly prefer that applicant jurisdictions have an adopted Parks Master Plan in place at the time of application. Without one, cities are routinely scored lower or deemed ineligible altogether when considered for funding.

The City of Rialto does not have a Parks Master Plan. The absence of a Parks Master Plan has placed the City at a competitive disadvantage in the pursuit of grant funding. As state bond measures and federal programs have increasingly required or prioritized applicants with adopted master plans, Rialto has been limited in its ability to access the full range of available funding for park improvements. The preparation of a Parks Master Plan is, therefore, not only a planning best practice, but it is also a strategic investment that positions the City to leverage significantly more in external resources than the cost of the plan itself.

ANALYSIS/DISCUSSION
Rialto is a growing, dynamic city of approximately 104,000 residents, a community that is young, diverse, and increasingly demanding of quality parks, recreational programming, and accessible open space. The Parks, Recreation & Community Services Department currently maintains 10 parks totaling approximately 150 acres, 2 community centers, 1 fitness and aquatic facility, 13 baseball fields, 10 soccer fields, 3 football fields, 10 basketball courts, 3 skate parks, 2 tennis courts, and 8 pickleball courts, athletic fields, and multi-use trails.

Yet without a Parks Master Plan to formally articulate standards, needs, and priorities, the Department lacks the foundational document needed to:
· Make data-driven, defensible decisions about where and how to direct capital investments
· Demonstrate community needs to state and federal funders when competing for grant dollars
· Ensure equitable distribution of parks and services across all neighborhoods and populations
· Plan for the recreational needs of a growing and changing population over the next 10- 20 years
· Have the Parks Master Plan align the facilities and open spaces meet the City's General Plan, Housing Element, and other adopted plans
· Engage the community in a formal visioning process that reflects the voices and City of Rialto Page 2 of 6 Printed on 5/7/2026
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priorities of Rialto residents
Existing Parks Acreage and Service Gap
The General Plan established a City standard of 3.0 acres of parkland per 1,000 residents and documented Rialto’s significant shortfall relative to that benchmark. The table below, drawn from the General Plan’s analysis, illustrates the gap:

As reflected in the table above, Rialto’s city-owned parks currently provide approximately 1.06 acres per 1,000 residents, one-third of the City’s own adopted standard of 3.0 acres per 1,000. Even when joint-use school open space is included, the City is projected to fall short of the 3.0-acre standard through build-out in 2040.

The General Plan further identifies the western boundary of the City and portions of Bloomington as underserved areas where residential neighborhoods are not within one-half mile of a park facility, a service gap that the Parks Master Plan will be specifically designed to address through an equitybased analysis and prioritized capital programming.

The General Plan also acknowledges the risk of relying on school joint-use agreements to offset the parks deficit, noting concerns about expanding campuses, vandalism liability, portable classrooms occupying open fields, and the indeterminate timeline of availability. The Parks Master Plan will develop a comprehensive strategy that reduces this dependency and builds a parks system the City controls.

The General Plan is not designed to serve the detailed planning, standards-setting, and capital programming functions of a Parks Master Plan. Developing a standalone Parks Master Plan will complement and implement the General Plan’s vision while providing the operational-level specificity, community engagement process, and grant-readiness documentation that the General Plan alone cannot provide.

Request for Proposals Process
On February 12, 2026, the City issued Request for Proposals No. 26-017 for professional services related to the preparation of a Parks Master Plan. The RFP was publicly advertised through the City's website, distributed via PlanetBids, and made available to qualified planning and landscape architecture firms with demonstrated experience in parks master planning for California municipalities.

The City received six proposals by the submission deadline of March 11, 2026. Proposals were evaluated by a selection panel that included staff from the Parks, Recreation & Community Services City of Rialto Page 3 of 6 Printed on 5/7/2026
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Department and Community Development based on the following criteria:
· Qualifications and relevant experience of the firm and key personnel · Understanding of the project scope and Rialto's unique community context · Proposed methodology, community engagement approach, and project schedule · References and performance demonstrated on similar projects · Fee proposal and cost-effectiveness
The top three firms were interviewed on April 24, 2026. Each firm presented a PowerPoint on their firm’s background, resources to complete the scope of service, and implementation plans for completion of the Parks Master Plan document. Micheal Baker’s presentation is included as Attachment 1. The following firms were interviewed:
· Michael Baker International
· Berry, Dunn, McNeil and Parker
· RJM Design Group
After interviews were completed, Michael Baker International was selected as the most qualified firm to complete the scope of work for the Parks Master Plan, based on its experience, capacity, and familiarity with the City. A summary list of the Firm’s qualifications is included as Attachment 2. The Firm maintains a local office in Ontario, California, which allows for accessibility and responsiveness throughout the project. They have proposed a dedicated team of 15 professionals who will work closely with the Department to ensure a comprehensive and collaborative planning process.

Additionally, the firm has prior experience working with the City through projects completed in coordination with the Community Development and Public Works Departments. This familiarity positions them to efficiently navigate City processes and begin work immediately. All services will be performed in-house under the leadership of Michael Baker International, ensuring consistency, accountability, and rigorous quality control throughout the project. The proposed agreement is included as Attachment 3, and the Non-Collusion Declaration form is included as Attachment 4.

Commission Review
On May 5, 2026, the Parks and Recreation Commission received a presentation on the proposed Parks Master Plan Firm Selection and voted 4-0 to support staff’s recommendation to select Michael City of Rialto Page 4 of 6 Printed on 5/7/2026
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Parks Master Plan Firm Selection and voted 4-0 to support staff’s recommendation to select Michael Baker International and forward the recommendation to the City Council for approval.

ENVIRONMENTAL IMPACT
The approval of a professional services agreement for planning services is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15378(b) (5), a Project does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Environmental review, as applicable, will be conducted as part of the Parks Master Plan process prior to adoption

GENERAL PLAN CONSISTENCY
The preparation of a Parks Master Plan is consistent with and implements the following goals and policies of the City of Rialto General Plan:

Goal 2-27: Provide a variety of park facilities that meet the diverse needs and interest of the community.
· Policy 2-27.1: Establish a Master Plan for Parks and Recreation that achieves a park ratio of

3.0 acres per 1,000 residents, evenly distributes park facilities throughout the community, and contains strategies for funding facilities and maintenance. · Policy 2-27.2: Plan for and designate adequate funding to maintain new and existing parks and facilities.
· Policy 2-27.3: Work with the Rialto Unified School District to provide joint-use facilities in areas where park and recreation facility deficits exist. Mitigate issues associated with school open space, such as vandalism, wear and tear, maintenance, and school expansion.

Goal 2-24: Take advantage of opportunities to increase and enhance open spaces throughout Rialto.
· Policy 2-24.1: Identify and explore opportunities for acquisition of land in the Lytle Creek floodplain and fault-impacted areas for use as open space, parkland, or recreational areas. · Policy 2-24.2: Landscape the areas surrounding the Cactus Basin recreation fields, water reservoirs, and publicly owned facilities to increase opportunities for low-intensity, passive recreation open spaces and to improve aesthetics.

Goal 2-25: Maximize public benefits in the reclamation of mineral extraction and sanitary landfill areas.
· Policy 2-25.1: Link new open space and park sites in reclaimed mining areas with bicycle trails integrated into the City's recreational trails system.
· Policy 2-25.2: Work with the County of San Bernardino to define the final limits of the MidCounty Landfill and to plan for reclamation of the site with open space and recreation amenities appropriate to the site.

Goal 2-26: Maximize open spaces in urban areas.
· Policy 2-26.3: Explore opportunities to create pocket parks within urbanized areas for public and/or private use.

LEGAL REVIEW
The City Attorney's Office has reviewed the agreement and approved it as to form.

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FINANCIAL IMPACTS
Operating Budget Impact
The total cost of the Parks Master Plan is $196,000. This item was included in the FY 2025-2026 General Fund in Account No. 10108150-52011.

Capital Improvement Budget Impact
There is no impact on the Capital Improvement Budget.

Licensing
Michael Baker International will pay a Business License Tax prior to commencing the services for this project.

ATTACHMENTS

1. Michael Baker International Interview Slides

2. Michael Baker International Qualifications

3. Professional Services Agreement with Michael Baker International

4. Non-Collusion Declaration Form
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Parks and Recreation
Master Plan

I N T E R V I E W
Parks and Recreation
Master Plan
Prepared for:

CITY OF RIALTO

PARKS, RECREATION, AND COMMUNITY SERVICES
April 24, 2026
559
Michael Baker International, a leading provider of engineering and consulting services, including design, planning, architectural, environmental, construction and program management, has been solving some of the world’s most complex infrastructure challenges for more than 80 years with a legacy of expertise, experience, innovation and integrity.

By the Numbers…
2 560
Our Team
Richard Beck
CEP, P.W.S., CPESC®, CERP
Project
Manager
Principal-inChargeQuality Assurance/
Quality Control
Landscape Architect
Jeremy Franzini
PLA
David Suls
AICP
Valerie Clarke

AICP, PLA
Kimilee Murillo
E.I.T
Planning
Advisor
Engagement
Support
3 561
The Michael
Baker Team
✓ A project team of 15
dedicated staff
✓ Primarily within Southern
California
✓ Availability to provide
additional resources as
demand increases
4 4
No major changes
to the organization
since the Proposal
562
Staffing Availability Following the NTP
Leadership and QA/QC
Richard Beck
Jeremy Franzini
David Suls
100%
50%
40%
15% 15%
Graphics
Jeffrey Karmazin
Casey Marchese
Core Team
Valerie Clarke
Jake Poland
Subject Matter Experts
Matthew Klyszeiko
Oscar Gomez
Ryan Henry
Ryan Phaneuf
Dino Serafini
Community Engagement
Noelle Anderson
Kimilee Murillo
Sergio Barrios
5 563
Roadmap to a Successful
Master Plan
STEP 1 Existing Conditions
STEP 2 Field Visits
STEP 3 Needs Assessment & Community Engagement
STEP 4 Implementation Plan
STEP 5 Conceptual Recommendations
STEP 6 Final Plan
Provide inclusive, high-quality recreation and
community programs; promote active living, personal
health, and social connection; help build stronger
families and healthier communities.
6 564
1 Existing Conditions
GIS Data and Existing
Base Plans
Desktop Studies and Peer
City Comparisons
Recent Changes
and City Input
Joe Sampson Park
Anderson
Park
Rialto City
Park
7 565
2 Field Visits

PARKS OPEN SPACE TRAILS FACILITIES

EXAMPLE REPORT CARD
Individual Park
Overall
Assessment
D
condition
paths
8 566

PARKS OPEN SPACE TRAILS FACILITIES
2 Field Visits
✓Condition of amenities and
recreation features
✓Connectivity and
accessibility
✓Wayfinding
✓Safety and comfort
✓Observed programming or
activity patterns
9 ✓Broader, landscape scale
✓Land type
✓Function
✓Environmental role
✓Public access
✓Overall condition
✓Focus on key locations:
✓ Trailheads
✓ Endpoints
✓ Representative segments
✓Trail condition
✓Design typology
✓Connectivity
✓User experience
✓Wayfinding
✓Focus on key facilities:
✓ Carl Johnson Center
✓ Rialto Park Cemetery
✓ Rialto Fitness Center
✓ Grace Vargas Senior Center
✓Planning level condition
✓Functionality
✓Accessibility
✓Relationship to
surrounding park spaces
567
10 Park Inventory Example
Identify Gaps
568
11 3 Needs Assessment and Community Engagement
Michael Baker is flexible with our approach and can adapt to meet the needs of the City, community, and stakeholders. ❑ Community Outreach Strategy
❑ Branding
❑ Workshops (Community, City, & City Council)
❑ Community Survey (In person distribution and mailed)
❑ Focus Group Outreach (Senior & Youth)
❑ Community Feedback Analysis
❑ Spanish Translation
569
12 Robust Engagement
570
4 Implementation Plan
Michael Baker will identify monitoring,
performance indicators, and trackable
metrics for actions.
❑ Phasing Recommendations
❑ Responsible Parties
❑ Planning Level Cost
❑ Funding Mechanisms and Policies
❑ Metrics to Track Progress
Implementation at a Glance
RIALTO Parks and Recreation Master Plan
Areas of Focus Immediate Short Term Long Term
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1. Responsible
Parties

2. Planning Level
Cost Estimates

3. Funding
Mechanisms and
Policies
Progress
13 EXAMPLE IMPLEMENTATION SUMMARY
571
5 Conceptual Recommendations
Opportunities at a Planning
Level
✓Activity zones and open space
✓Relationships between buildings,
outdoor spaces, & circulation
✓Pedestrian access and connectivity
✓Usability and safety
14572
6 Final Plan
Two Recreation and Parks
Commission Meetings
15 Two City Council Meetings
573
Project
Schedule
16 TASK 1
Project Administration
TASK 2
Data Collection & Existing
Conditions Analysis
TASK 3
Community Engagement
TASK 4
Needs Assessment and Strategic
Recommendations
TASK 6
Plan Alignment, Documentation,
and Adoption
JUNE
2026
JULY
2026
SEPT
2026
OCT
2026
NOV
2026
= External Stakeholder/
Public Engagement
= Key
Deliverables
= Internal Team
Meetings

KICKOFF

MEETING
SURVEY
MAY
2027

WORKSHOPS
100%
DRAFT
70%
DRAFT
90%
DRAFT
= Recreation and Parks
Commission & City Council
Meetings
MTGS
2 MTGS
1 TASK 5
Implementation and Funding
Strategy
AUG
2026
DEC
2026
FOCUS
GROUPS
JAN
2027
FEB
2027
MAR
2026
APR
2027

WORKSHOPS
574
Proven Success with the
Michael Baker Team
575

OPEN SPACE A ND CONSERVATION UPDATES
Seal Beach, CA
Open Space,
Recreation, and
Conservation
Element
Fullerton, CA Open Space and
Conservation Element
City-wide Open Space, Conservation
and Recreation Elements
18 576

OPEN SPACE A ND CONSERVATION UPDATES
Parks and Recreation Master Plan
19 Yorba Linda, CA
577
20 $10 BILLION CLIMATE BOND California Prop 4 Funding $3.4 BILLION ALLOCATED FY26 $0
$1
$1
$2
$2
$3
$3
$4
$4
Funding ($ billion)
Water
Resilience
Wildfire &
Forest
Resilience
Coastal
Resilience
Biodiversity
& NatureBased
Clean
Energy
Park Creation
& Outdoor
Access
Extreme
Heat
Mitigation
Climate
Smart
Agriculture
2025-2026 Budget
Total Budget
$466 Million
in 25’-26’
Park
Creation &
Outdoor
Access
578
Familiarity of Rialto
Why Select
Michael
Baker?
1 2
3 Full-Service Local Team
Ready to Hit the
Ground Running
Supported by National Expertise
Providing Efficiency to the City
Flexible and Transparent Scheduling
21579
Appendix
580
Project Management Approach
23 C O N T R O L S C O P E , S C H E D U L E , A N D B U D G E T Total Involvement
Project Specific Quality
Management Plan
Customer Focus
Continual communication to
maintain continuity and control
over scope, schedule and
budget.

Process Improvement
Project controls and procedures
continuously audited, reviewed and
improved.

Process Management
Quality Assurance procedures
including peer technical reviews,
presentation reviews, and crossdiscipline reviews.

Planning Process
American Planning Association
(APA) standards and reference
documents followed including
Planning Advisory Service (PAS)
Reports .
581
Design Alternatives
• Multi-Purpose Community
Building
• Outdoor Pool and Splash Pad
• Baseball/Softball Field
• Soccer Field and Tribal Event
Area
• Tennis and Pickleball Courts
• Playground Area
• Picnic Areas with Ramadas
Cahuilla Band of Indians Sports Complex Design
Anza, California
Concept 1 Concept 2
24 Detailed Design Work
582
OC Parks Peters Canyon Regional Park General
Development Plan and Resource Conservation Plan
25 Orange, CA
583
Built Project Work in Southern California
26584
Trails, Greenways, & Open Space
Sea Summit, San Clemente, CA
27585
28 Graphic Plans and Storyboarding
• Graphically illustrated planning documents
with custom branding for outreach
• Storyboarding approach
• Flexible for incremental review or
cloud-based platform for real-time
comment
• Hard copy and digital version available
Our team can create visual
style guides based on client
preferences and precedence
studies of prior reports.
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CLIMATE CHANGE RESILIENCE STRATEGY
For a copy of the Strategy Visit: https://www.nj.gov/dep/climatechange/resilience-strategy.html For a copy of the Scientific Report Visit: www.nj.gov/dep/climatechange/

NOTABLE DOCUMENT AWARD WINNER

FOR ENVIRONMENTAL PROTECTION

NATIONAL CONFERENCE OF STATE LEGISLATURES
29 Graphic Plans and Storyboarding
29587
For a copy of the Local Planning for Climate Change Toolkit Visit: https://www.nj.gov/dep/climatechange/resilience-strategy.html RESILIENT NJ: CLIMATE CHANGE TOOLKIT

RESILIENT NJ IS NOW INCLUDED AS A TOOL WITHIN
THE U.S. CLIMATE RESILIENCE TOOLKIT
30 Website Creation and Branding
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ATTACHMENT C
Selected Consultant
Michael Baker International is an Ontario, California-based planning and landscape architecture firm with extensive experience in parks master planning, community engagement, and recreation needs assessment for California cities and counties.

Comparable projects include:
 Yorba Linda | Parks and Recreation Master Plan Update  Surprise, Arizona | Parks and Recreation Element Update  Bonsall, Ca | Community Master Plan.
 Seal Beach, Ca | Open Space, Recreation, and Conservation Elements  Fullerton, Ca | Open Space and Conservation Element
The firm's proposed approach emphasizes robust, multilingual community outreach — including surveys, community workshops, pop-up events, and stakeholder focus groups — to ensure the final Parks Master Plan authentically reflects the full diversity of Rialto's community. The assigned team of 15 will work with the City of Rialto Parks, Recreation and Community Services Department.

Their methodology also integrates a grant readiness framework specifically designed to align plan deliverables with the eligibility and scoring criteria of key California and federal funding programs, including Proposition 68, the Statewide Park Program, the Land and Water Conservation Fund (LWCF), and Proposition 4.

Scope of Work
The selected consultant will deliver a extensive Parks Master Plan through the following key tasks:
 Project initiation, stakeholder coordination, and data collection  Inventory and assessment of existing parks, facilities, trails, and open spaces  Level-of-service and gap analysis
 Community engagement: resident surveys, public workshops, stakeholder focus groups, and online engagement tools
 Park classification standards and service area mapping  Development of goals, objectives, priorities, and policy recommendations  Capital Improvement Program (CIP) and phased implementation plan  Grant funding strategy and action plan
 Final Parks Master Plan document in print-ready and digital formats  Public presentations to the Parks and Recreation Commission and City Council 589
The scope of service will render a Parks Master Plan roadmap, to include the following:
1) Existing Conditions Inventory: Parks and Facilities Assessment a. Review GIS Data and Existing Base Plans
b. Desktop studies and peer City Comparisons
c. Recent changes and City input
2) Field Visits
a. Review Parks, Open Spaces, Trails, Facilities
i. Planning level condition
ii. Functionality and accessibility
iii. Relationship to surrounding park spaces
b. Facility Report Card assessing:
i. Variety and condition of amenities; whether facilities meet community needs; and whether amenities are appropriately distributed across service areas
c. Park Inventory: Identify service gaps and unmet needs 3) Needs Assessment and Community Engagement
a. Community Outreach Strategy
b. Branding
c. Workshops (Community, City, & City Council)
d. Community Surveys (in person distribution and mailed) e. Focus Group Outreach (Seniors & Youth)
f. Community Feedback Analysis
g. Spanish Translation
4) Realistic Implementation Plan
a. Phasing Recommendations
b. Responsible Parties
c. Planning level costs
d. Funding mechanisms and policies
e. Performance metrics and progress tracking framework
5) Conceptual Recommendations
a. Activity zones and open space
b. Relationships between buildings, outdoor spaces, and circulation c. Pedestrian access and connectivity
d. Usability and safety
6) Final Plan
a. Two meetings with Parks and Recreation Commission
b. Two City Council Meetings
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The project is anticipated to be completed within approximately 12–18 months from execution of the agreement. Key milestones include an existing conditions report, a community engagement summary, and a draft plan for public review prior to adoption.

Timeline Breakdown (Note: Components will be occurring simultaneously and/or with overlap):
 Phase 1: Months 1–4: Project Kickoff, Data Collection, and Existing Conditions Analysis
 Phase 2: Months 3–8: Community Engagement (surveys, workshops, and focus groups)
 Phase 3: Months 5–11: Comprehensive Needs Assessment
 Phase 4: Months 7–11: Implementation and Funding Strategy Development  Phase 5: Months 9–18: Plan Finalization, Documentation, and Adoption Process Grant Funding Opportunities and Strategic Timing
 Proposition 4 (SPP – Round 5)
o Up to 100% project funding; awards often exceed $7M
o Targets underserved communities; Rialto qualifies
o Parks Master Plan is a key scoring requirement
 Land and Water Conservation Fund (LWCF)
o Up to $6M per project (next cycle 2026–27)
o Requires a parks plan and needs assessment
 Outdoor Recreation Legacy Partnership (ORLP)
o $500K–$2M grants for underserved urban areas
o Requires 1:1 match; strengthened by Master Plan
 Development Impact Fees
o Enables collection of developer fees for parks
o Requires adopted plan with level-of-service standards  Overall Impact
o Positions Rialto to pursue $5M–$15M in external funding o Significant return on investment
Lastly, the Parks Master Plan positions the Department to pursue accreditation through the Commission for Accreditation of Park and Recreation Agencies, administered by the National Recreation and Park Association. The planning process will help establish and 591
document many of the foundational elements required for accreditation, including clearly defined levels of service, comprehensive policy development, measurable performance standards, and ongoing evaluation practices.

By aligning operations, programs, and facilities with nationally recognized best practices, the Master Plan creates a structured roadmap for continuous improvement, accountability, and transparency. Pursuing accreditation not only strengthens internal processes and service delivery but also demonstrates the City’s commitment to excellence in parks and recreation, enhancing credibility with residents, stakeholders, and funding agencies.

Note: Currently in California there are only a few agencies that hold the prestigious NAPRA Accreditation: County of San Diego Parks and Recreation, City of Carlsbad, Riverside County, Jurupa Community Services District and the most recent City of Roseville Parks, Recreation & Libraries. . We could be one of the first cities in San Bernardino County to achieve the accreditation.
592

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF RIALTO AND
MICHAEL BAKER INTERNATIONAL, INC.

THIS SERVICES AGREEMENT (herein “Agreement”) is made and entered into this 12th day of May, 2026, (“Effective Date”) by and between the City of Rialto, a municipal corporation and California general law city (“City”), organized under the laws of the State of California, with its principal place of business at 150 S. Palm Avenue, Rialto, California 92376 and Michal Baker International, Inc, a Pennsylvania C Corporation, with its principal place of business at 5 Hutton Centre Drive, Suite 500 Santa Ana, California 92707 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” or collectively as “Parties”.

RECITALS
A. City has sought, by Request for Proposals No. 26-017, the performance of professional services related to developing a comprehensive Parks and Recreation Master Plan (“Project”), as defined and described particularly in Article 1 of this Agreement.

B. Following the submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, Consultant was selected by the City to perform those services.

C. Consultant represents that it is experienced in providing the services to public clients, is licensed in the State of California, and is familiar with the plans of City.

D. Pursuant to Chapter 2.48 of the Rialto Municipal Code, City has authority to enter into and execute this Agreement.

E. The Parties desire to formalize the selection of Consultant for the performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Consultant shall provide those professional services associated with the Project as specified in the “Scope of Services” 593
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attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “Scope of Services,” “services” or “work” hereunder. As a material inducement for City to enter into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, it meets all local, state, and federal requirements in performing the services, and it is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all services described herein. Consultant covenants that it shall follow professional standards in performing the work and services required hereunder For purposes of this Agreement, the phrase “professional standards” shall mean those standards of practice ordinarily used by one or more members of the same profession performing similar work under similar circumstances at the time of the Project and at the Project locale.

1.2 Consultant’s Proposal.

The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the City’s Request for Proposals No. 26-017; and (3) the Consultant’s original Proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The Contract Documents and accepted Proposal shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the Scope of Services, Consultant’s Proposal and/or this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state, or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees, and Assessments.

Consultant shall obtain, at its sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement and such licenses, permits, and approvals shall be maintained throughout the Term of this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend, and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. If Consultant discovers any latent or unknown conditions that will materially affect the performance of the services hereunder, then Consultant shall immediately inform the City of 594
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such fact and shall not proceed except at City’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof, to prevent losses or damages, and shall be responsible for all such damages to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Prevailing Wages.

Consultant is aware of the requirements of California Labor Code Section 1720, et seq. and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. It is the understanding of City and Consultant that the Prevailing Wage Laws may not apply to this Agreement because the Agreement does not involve any services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction” includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. Consultant shall defend, indemnify, and hold City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

1.8 Further Responsibilities of Parties.

Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless specified in this Agreement, neither Party shall be responsible for the service of the other.

Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Consultant shall at all times enforce strict discipline and good order among its employees, agents, volunteers, officers and directors.

Any such person who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the services, or who fails who fails or refuses to perform the services in a manner acceptable to the City, shall be promptly removed from the services to be performed by the Consultant and shall not be re-employed on the services.

1.9 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work or change 595
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may be undertaken unless a written order is first given by the Contract Officer to the Consultant, describing in detail the extra work or change and the reason(s) therefor and incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work or change, and/or (ii) the time to perform this Agreement, which said adjustments shall be reflected in an amendment to the Agreement subject to the written approval of the Parties. Any amendment to this Agreement shall be reviewed and approved by the City Manager. In accordance with Rialto Municipal Code section 2.48.180, increases in compensation of this Agreement may be approved by the City Manager provided: (a) the initial Contract Sum was less than One Hundred Thousand Dollars ($100,000) and the amended Contract Sum when considering any or all amendments will not exceed One Hundred Thousand Dollars ($100,000); or (b) the agreement was approved by the City Council and the increases in compensation taken either separately or cumulatively do not exceed One Hundred Thousand Dollars ($100,000). Any greater increases, taken either separately or cumulatively, must be approved by the City Council. Payment for additional services rendered by Consultant under this Agreement requires the submission of the actual costs of Consultant’s performance of the extra work with the invoice(s) for the extra work claim(s), as provided in Section 2.4. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time-consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.

No claim for an adjustment in the contract amount or time for performance shall be valid unless the procedures established in this Section are followed.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “B” and incorporated herein by this reference. Upon commencement of this Agreement the total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Ninety-Six Thousand Dollars and Zero Cents ($196,000.00) (the “Contract Sum”). The Contract Sum may also be increased for additional services pursuant to Section 1.9.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, 596
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and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.

By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City may independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.

2.5 No Waiver.

Review and payment by City to Consultant of any invoice for work performed by Consultant pursuant to this Agreement shall not be deemed a waiver of any defects in work performed by Consultant or of any rights or remedies provided herein or any applicable law.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “C” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to 597
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unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall, within ten (10) days of the commencement of such delay, notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer shall extend the time for performance in accordance with the procedures set forth in Section 1.9.

The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

The Term of this Agreement is One (1) Year, commencing on the Effective Date (“Term”) unless earlier terminated in accordance with Article 7 of this Agreement. Consultant shall complete the services within the Term of this Agreement and shall meet any other established schedules and deadlines, as identified in the Schedule of Performance, Exhibit “C”.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Richard Beck Vice President/Office Executive
(Name) (Title)
Trudi Lim, Sr. Vice President Western Regional Director (Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.

Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder.

All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. If City does not agree to the substitution of key personnel by Consultant, City shall be entitled to terminate this Agreement for cause. In the event that City, in its sole discretion, at any time during the term of this Agreement, 598
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desires to reassign any staff or subcontractor of Consultant, Consultant shall, immediately upon a Reassign Notice from City of such desire of City, reassign such persons or persons.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care, or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be the City Manager or other such person designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability, and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 599
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Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees, and agents of City:

5.1.1 Comprehensive General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury, and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.

5.1.2 Workers’ Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both the Consultant and the City against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. If Consultant has no employees or agents, Consultant shall not be required to maintain Workers’ Compensation Insurance. However, in the event that Consultant hires employees or agents during the Term of this Agreement, Consultant shall obtain and maintain Workers’ Compensation Insurance in accordance with this section.

5.1.3 Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, and hired cars.

5.1.4 Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement.

During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.

5.1.5 Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements.

5.1.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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5.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees, and agents as additional insureds, and any insurance maintained by City or its officers, employees, or agents shall apply in excess of, and not contribute with, Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees, and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any Party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.

In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.

5.3 Indemnification.
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To the full extent permitted by law, Consultant agrees to indemnify, pay costs to defend, and hold harmless the City, its officers, employees, volunteers, and agents (“Indemnified Parties”) against any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations, or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), arising from Consultant’s reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:

5.3.1 Consistent with California Civil Code 2782.8, Consultant will pay all costs to defend any action or actions filed in connection with any of said claims or liabilities, including legal costs and attorneys’ fees incurred in connection therewith, to the extent attributable to Consultant’s proportionate percentage of fault.

5.3.2 Consultant will promptly pay any judgment rendered against the City, its officers, agents, or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, volunteers and employees harmless therefrom;

5.3.3 In the event the City, its officers, agents, volunteers or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents, volunteers or employees, any and all costs and expenses incurred by the City, its officers, agents, volunteers or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar, indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness, or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

Notwithstanding the foregoing, to the extent that the Consultant’s services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by Civil Code Section 2782.8.

5.4 Sufficiency of Insurer or Surety.
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Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager Consultant.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents and Materials; Exceptions; Warranty.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or 603
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assignment of such completed documents and materials for other projects and/or use of uncompleted documents and materials without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents and materials for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

Consultant warrants that all documents and materials it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Consultant understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting documents and materials generated by such AI tools to City and representing it as Consultant’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law.

Accordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such documents and materials. Consultant is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.

6.4 Confidentiality and Release of Information.

6.4.1 All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. Consultant shall not use City’s name or insignia, photographs, or any publicity pertaining to the services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

6.4.2 Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.

6.4.3 If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.

6.4.4 Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and 604
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to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, Eastern Division.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended if circumstances warrant, however, the timeframe may be shortened if the default results in a safety issue or imminent threat to City employees or the public. During the period of time that Consultant is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any 605
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Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.6 Legal Action.

In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event of termination without cause pursuant to this Section, the City need not provide the Consultant with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 606
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8.1 Non-liability of City Officers and Employees.

No officer, employee, volunteer or agent of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement, nor shall any such officer or employee participate in any decision relating to the Agreement, which effects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement.

Additionally, 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 City 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 City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, gender identity, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, sexual orientation, gender, gender identity, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.
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Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Facilities and Equipment.

Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing of City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to computer, long distance telephone, network data, internet, or other communication charges, vehicles, and reproduction equipment.

9.2 Payment of Taxes.

Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal and state taxes.

9.3 Notices.

All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by email , and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by email. Any notice, request, demand, direction, or other communication sent by email must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as text messages and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

If to City: City of Rialto
150 S. Palm Ave.

Rialto, CA 92376
Attn: City Manager
Tel: (909) 820-2525
With copy to: Burke, Williams & Sorensen, LLP
1770 Iowa Avenue, Suite 240
Riverside, CA 92507
Attn: Eric S. Vail, City Attorney
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Tel: (951) 788-0100
If to Consultant: Michael Baker International, Inc
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
Attention: Richard Beck, Vice President/Office Executive Tel: (949) 472-3505 / Email: [email protected]
Either Party may change its address by notifying the other Party of the change of address in writing.

9.4 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.5 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.6 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.7 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.8 Corporate Authority.

The persons executing this Agreement 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 Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. 609
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9.9 Conflicting Terms.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

9.10 Data Protection.

9.10.1 Consultant shall protect, using the most secure means and technology that is commercially available, City-provided data or consumer-provided data acquired in the course and scope of this Agreement, including but not limited to customer lists and customer credit card or consumer data, (collectively, the “City Data”). Consultant shall notify City in writing as soon as reasonably feasible, and in any event within twenty-four (24) hours, of Consultant’s discovery or reasonable belief of any unauthorized access of City Data (a “Data Breach”), or of any incident affecting, or potentially affecting City Data related to cyber security (a “Security Incident”), including, but not limited to, denial of service attack, and system outage, instability or degradation due to computer malware or virus. Consultant shall begin remediation immediately. Consultant shall provide daily updates, or more frequently if required by City, regarding findings and actions performed by Consultant until the Data Breach or Security Incident has been effectively resolved to City’s satisfaction. Consultant shall conduct an investigation of the Data Breach or Security Incident and shall share the report of the investigation with City. At City’s sole discretion, City and its authorized agents shall have the right to lead or participate in the investigation. Consultant shall cooperate fully with City, its agents and law enforcement.

9.10.2 If City is subject to liability for any Data Breach or Security Incident, then Consultant shall fully indemnify and hold harmless City and defend against any resulting actions. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed and entered into this Agreement on the date first written above.

CITY: CONSULTANT:

CITY OF RIALTO, a municipal Michael Baker International, Inc., a Pennsylvania C Corporation
Corporation
By: By:

Tanya Williams, City Manager Signature
ATTEST:

Name
By:

Barbara A. McGee, City Clerk
Title
APPROVED AS TO FORM:

By:

Burke, Williams & Sorensen, LLP Signature
By:

Eric S. Vail, City Attorney Name
Title
**Two signatures are required if a
corporation**
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EXHIBIT “A“

SCOPE OF SERVICES
Consultant shall provide and establish a comprehensive, long-range strategy to guide the planning, development, and management of the City’s parks, recreational facilities, programs, and services. The Master Plan will be developed, validated, and controlled to ensure it meets community needs, aligns with City goals, and supports sustainable growth.

1. Scope Definition
The project will include:
 A complete inventory and condition assessment of all existing parks, recreation facilities, trails, and open spaces.
 A review of current programs, services, and operations.  An analysis of demographic, environmental, and recreation trends impacting service delivery.
 Broad community and stakeholder engagement through surveys, workshops, and focus groups.
 Identification of parkland and facility needs, service gaps, and opportunities for enhancement.
 Development of short-, mid-, and long-term recommendations, including capital improvement priorities and funding strategies.
 Preparation of a final Master Plan document (full color) with maps, design concepts, policy guidance, and an implementation plan.

2. Scope Validation
The draft Master Plan will be validated through:
 Ongoing coordination with City staff, the Recreation and Parks Commission, and other relevant stakeholders.
 Regular project review meetings and milestone check-ins.  Public feedback sessions and community outreach to confirm priorities and recommendations.
 Presentation of the draft plan to the City Council for review and approval.

3. Scope Control
To maintain project integrity and alignment, scope control will include:
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 Documentation and approval of any scope changes through City project management protocols.
 Continuous communication between the consultant and City project team to monitor progress, budget, and quality.
 Final review and acceptance of all deliverables by the City prior to plan adoption.

High-level requirements
The Parks and Recreation Master Plan shall provide a comprehensive framework to guide decision-making, investment, and service delivery for the next 10–15 years. The consultant shall ensure the final Plan is data-driven, community-informed, and aligned with the City’s long-term vision.

1. Data Collection and Analysis
 Conduct a full inventory and condition assessment of all existing parks, open spaces, trails, and recreation facilities.
 Compile and analyze demographic, socioeconomic, and land-use data to forecast future park and recreation needs.
 Evaluate current programs, participation trends, and service delivery models.  Benchmark the City’s parks and recreation system against comparable agencies and national standards (e.g., NRPA).

2. Community Engagement
 Develop and implement a public outreach plan that includes surveys, workshops, and focus groups.
 Engage residents, youth, seniors, community organizations, and stakeholders to ensure diverse input.
 Summarize community feedback to identify priorities, service gaps, and desired improvements.

3. Needs Assessment and Strategic Recommendations
 Identify current and future needs for parkland, facilities, programs, and services.  Recommend strategies for equitable access, environmental sustainability, and operational efficiency.
 Prioritize improvements based on community need, feasibility, and available funding sources.
 Provide conceptual design ideas or site development guidelines for key park or facility improvements.

4. Implementation and Funding Strategy
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 Develop an implementation plan outlining short-, mid- and long-term actions.  Include estimated costs, phasing strategies, and potential funding mechanisms (e.g., grants, partnerships, impact fees).
 Provide measurable performance indicators to monitor progress over time.

5. Alignment and Deliverables
 Ensure the Master Plan aligns with the City’s General Plan, Capital Improvement Program, and other policy documents.
 Deliver a professionally designed and accessible final Master Plan report (digital and print-ready).
 Present draft and final versions of the Plan to City staff, the Recreation and Parks Commission, and the City Council.

The consultant shall provide a comprehensive Parks and Recreation Master Plan that serves as a strategic guide for the City of Rialto over the next 10–15 years. Deliverables will include the following:

1. Project Work Plan and Schedule – A detailed outline of project tasks, milestones, timelines, and engagement activities for City review and approval.

2. Existing Conditions Assessment Report – An inventory and evaluation of all existing parks, facilities, trails, and recreational assets, and condition summaries.

3. Community Engagement Summary – Documentation of outreach activities, participation methods, and community feedback results, including key themes and identified priorities.

4. Needs Assessment and Gap Analysis – A comprehensive review of current and projected community needs, service levels, and opportunities for improvement.

5. Draft Master Plan – A complete draft plan including goals, recommendations, policies, design concepts, and implementation strategies for City and public review.

6. Final Master Plan Document – A professionally formatted report (print and digital) incorporating City and community feedback, including:
o Executive Summary
o Inventory and Analysis
o Community Engagement Findings
o Needs Assessment
o Recommendations and Implementation Strategy
o Capital Improvement Priorities and Funding Options
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7. Presentation Materials – PowerPoint or visual presentation materials for staff briefings, the Recreation and Parks Commission, and City Council meetings.

8. Optional Materials- GIS maps of parks
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EXHIBIT “B”
“SCHEDULE OF COMPENSATION”
Upon commencement of this Agreement the total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Ninety-Six Thousand Dollars and Zero Cents ($196,000.00) (the “Contract Sum”). The Contract Sum may also be increased for additional services pursuant to Section 1.9.
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EXHIBIT “C”
“SCHEDULE OF PERFORMANCE”
The Term of this Agreement is One (1) Year, commencing on the Effective Date (“Term”) unless earlier terminated in accordance with Article 7 of this Agreement. Consultant shall complete the services within the Term of this Agreement and shall meet any other established schedules and deadlines, as identified in the Schedule of Performance, Exhibit “C”. 635
RFP #26-017
Attachment “C”
ATTACHMENT “C”
REQUEST FOR PROPOSAL #26-017

PARKS AND RECREATION MASTER PLAN

CONFLICT DISCLOSURE FORM
Vice President/Office Executive
Richard Beck, on behalf of Michael Baker International, Inc.

None None N/A
March 11, 2026
636

C I T Y O F R I A L T O
Parks Master Plan
Professional Services Agreement
Presented by:

Cynthia Alvarado-Crawford
Director, Parks, Recreation & Community Services
City Manager: Tanya Williams | City of Rialto, California 637
Background
Quick Snapshot
• 104,000 residents — young, diverse & growing
• 10 parks totaling approximately 150 acres
• 2 community centers | Fitness & aquatic
facility
• 13 baseball fields | 10 soccer fields | Football
fields
• 10 basketball courts | 3 skate parks
• 2 tennis courts | 8 pickleball courts
• Multi-use trails and athletic fields

1.06 Acres / 1,000 residents
City parks only (current)

3.0 Acres / 1,000 residents
City adopted standard

2.44 Acres / 1,000 residents
Projected 2040 — still
below standard
638
Why Rialto Needs a Parks Master Plan
A Parks Master Plan is a 10 to 20 year strategic roadmap connecting community values to capital investment, programming priorities, and equitable access. It is a prerequisite for grant competitiveness — the cost is a strategic investment that positions Rialto to leverage significantly more in external resources than the plan itself costs.

Benefits of a Master Plan:

Make Data-Driven
Decisions
Defensible capital investment choices
Compete for
Grant Funding
Prop 4, LWCF, ORLP, SPP Round 5
Ensure Equitable
Park Access
Across all neighborhoods &
populations
Plan for
Growth
10–20 year needs of changing
population
Align with
General Plan
Housing Element & adopted city
policies
Establish
Fees
Legal foundation for developer park
fees
Note: Help the department work towards receiving accreditation through the Commission for Accreditation of Park and Recreation Agencies, administered by the National Recreation and Park Association. Only 5 organizations in the state of California have this.

None are in San Bernardino County.
639
General Plan References
Policy 2-27.1 (Adopted 2010) — 15 Years Without Action:
"Establish a Master Plan for Parks and Recreation that achieves a park ratio of 3.0 acres per 1,000 residents, evenly distributes park facilities throughout the community, and contains strategies for funding facilities and maintenance." Goal 2-27
Provide variety of park
facilities. Mandates
adoption of a Parks Master
Plan with 3.0 ac/1,000
standard, equitable
distribution, and funding
strategies.

Goal 2-24
Increase & enhance open
spaces. Explore Lytle Creek
floodplain acquisition;
landscape Cactus Basin for
passive recreation.

Goal 2-25
Maximize benefits of
reclaimed mining/landfill
areas. Link reclaimed sites
to recreational trails system.

Goal 2-26
Maximize open space in
urban areas. Explore pocket
park creation in
underserved urbanized
neighborhoods.

Council Goal 1: Family First · Goal 3: Healthy Economy · Goal 4: Active Community 640

P R O C U R E M E N T P R O C E S S
Request for Proposals — Bid Process
1 RFP Issued
RFP No. 26-017 issued Feb 12, 2026
Advertised on City website & PlanetBids
2 Proposals Received
Six (6) qualified firms submitted
proposals by March 11, 2026
3 Panel Evaluation
Multi-departmental staff (Parks &
Community Development) scored all proposals
4 Oral Interviews
Top 3 firms presented April 24, 2026:

Michael Baker · Berry Dunn · RJM Design
5 Recommendation
Michael Baker International unanimously
recommended as most qualified firm
PROPOSAL SCORING RESULTS (100-POINT SCALE)
Michael Baker International 97 #1
Berry, Dunn, McNeil & Parker 92.333 #2
RJM Design Group 92 #3
RHA Community Works 91.333 #4
KTUA 91 #5
City Fabrick 83.333 #6
Firm
641
Selected Consultant:

Michael Baker International
Firm Overview
• Local Area Office (Ontario, California).
• Team of 15 professionals assigned to Rialto.
• Have a good understanding of our Community makeup
Comparable Projects:
• Yorba Linda CA Parks Master Plan Update
• Surprise AZ Parks
• Element Update
• Bonsall CA Community Master Plan
• Seal Beach CA Open Space Elements
• Fullerton CA Open Space Element

CONTRACT AMOUNT
Funded in Current Fiscal Year
(10108150-52011)
$196,000
Why This Firm
Multilingual
Community Outreach
Surveys, workshops, pop-up events & focus
groups — Spanish translation included
Grant Readiness
Methodology
Framework aligned to Prop 4, LWCF, ORLP
& Statewide Park Program scoring criteria
Local Presence &
City Familiarity
Ontario, CA office. Prior City experience
enables immediate project start
642

S C O P E O F W O R K
What the Consultant Will Deliver
01 Project Initiation
Stakeholder coordination & data collection
02 Parks Inventory
Assessment of parks, facilities, trails & open spaces — field visits, GIS review, facility report card
03 Level-of-Service Analysis
Needs gap & equity analysis by neighborhood; service
area mapping
04 Community Engagement
Multilingual surveys, public workshops, senior & youth
focus groups, online tools, Spanish translation
05 Goals & Policies
Objectives, priorities & policy recommendations
aligned to General Plan
06 CIP Development
Phased capital improvement plan with planning-level
cost estimates
07 Grant Strategy
Funding identification, Quimby framework & grant
readiness action plan
08 Final Master Plan
Print-ready & digital document; 2 Parks Commission
+ 2 City Council presentations
643

T I M E L I N E
Project Timeframe — 12 to 18 Months
Multiple phases proceeding concurrently. Projected adoption: November 2027. Note: Final dates to be confirmed with Michael Baker International upon contract execution.

Phase 1:

Kickoff &
Existing Conditions
Data collection, GIS
review, field visits,
facility report card,
peer city comparisons
Phase 2:

Community Engagement
Multilingual surveys,
public workshops,
senior & youth focus
groups
Phase 3:

Needs Assessment
Level-of-service
analysis, equity
analysis by
neighborhood, service
area gap study
Phase 4:

Implementation
& Funding
Phased CIP with costs,
grant readiness
framework, funding
mechanisms
Phase 5:

Finalization & Adoption
Public review; 2
Commission + 2
Council meetings; final
plan adoption ~Nov
2027
644

S T R A T E G I C V A L U E
Opportunities the Parks Master Plan
Creates
Grant Funding Unlocked
Prop 4 — SPP Round 5 Up to $7M+
Launch: Summer/Fall 2026
LWCF (Federal) Up to $6M
Next CA cycle: 2026–27
ORLP Program $500K – $2M
Urban underserved areas
Development Fees: The Master Plan will help establish & defend developer park fees
Broader Strategic Opportunities
Equitable Investment
Data-driven framework ensures western boundary &
Bloomington receive fair share of parks investment
Community-Driven Vision
Multilingual, inclusive engagement builds public trust and support for future parks projects
Development Fee Authority
Establishing a stronger foundation/strategy for developers to fund park improvements in-lieu fees
Defensible Capital Plan
Prioritized, phased CIP gives Council a 10 to 20 year
investment roadmap it can defend and execute
Estimated leverage: $5M – $15M in external park funding over plan horizon
645

R E C O M M E N D E D A C T I O N
Staff Recommendation
Staff recommends that the City Council:
1 Award a Service Agreement to Michael Baker International in an amount not to exceed $196,000 for the preparation of the City of Rialto Parks Master Plan 2 Authorize the City Manager or their designee to execute all related documents. 646
City of Rialto
Legislation Text
File #: 26-0317, Version: 1, Agenda #: TAB4
For City Council Meeting May 12, 2026
TO: Honorable Mayor and City Council
FROM: Tanya Williams, City Manager
AUTHOR: Nicole Hemmans, Senior Administrative Analyst
Request City Council/Rialto Utility Authority Board to: (1) Adopt Resolution No. 8502 and RUA Resolution No. 26-05 to Amend the Utility Services Water and Wastewater Budgets; (2) Approve the Eighth Amendment to the Professional Services Agreement with Dopudja & Wells Consulting for Additional Interim and Technical Support Services in an Amount Not-to-Exceed $530,510; and (3) Authorize the City Manager/Executive Director or Their Designee to Execute all Related Documents. (ACTION)

RECOMMENDATION
Staff Recommends that the City Council/Rialto Utility Authority Board:
1) Adopt Resolution and RUA Resolution to amend the Utility Services Water and Wastewater budgets;
2) Approve the Eighth Amendment to the Professional Services Agreement with Dopudja & Wells Consulting for additional interim and technical support services in an amount not-to-exceed $530,510; and
3) Authorize the City Manager/Executive Director or their designee to execute all related documents.

BACKGROUND
Since 2021, Dopudja & Wells Consulting has provided professional consulting services to the City/Rialto Utility Authority, developing a comprehensive understanding of the City’s utility systems, regulatory obligations, and the complexities of the Concession Agreement. Given the complexity and historical context of the work performed, maintaining their services ensures seamless continuity, preserves valuable institutional expertise, and supports the City’s ongoing efforts to optimize utility performance and compliance.

On November 25, 2025, the City Council/Rialto Utility Authority approved the Seventh Amendment to the Dopudja & Wells contract, authorizing support for ongoing operational needs, capital project coordination, and regulatory compliance efforts. As the Utilities Department continues to transition following recent organizational changes, Dopudja & Wells remains a key resource to ensure continuity of operations and technical expertise.

On April 30, 2026, the Water Subcommittee reviewed the Eighth Amendment proposal from Dopudja and Wells for as-needed and Interim support services during the organizational transition. The Water subcommittee’s feedback was to move the item forward to the City Council/Rialto Utility Authority for City of Rialto Page 1 of 3 Printed on 5/7/2026
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File #: 26-0317, Version: 1, Agenda #: TAB4
subcommittee’s feedback was to move the item forward to the City Council/Rialto Utility Authority for consideration.

ANALYSIS/DISCUSSION
The proposed Eighth Amendment would extend Dopudja & Wells Consulting’s professional services under the existing Professional Services Agreement to provide continued interim staffing support and project management services during the ongoing transition and reorganization of the Utilities Department.

The scope of work presented in the consultant’s April 24, 2026, proposal includes two primary tasks at a total not-to-exceed cost of $530,510:

Task 1 - Additional Interim Staffing Support Related to the Utility Department Dopudja & Wells will provide continued interim staffing support through October 2026, with services gradually reduced as responsibilities transition to permanent City staff. Support will include consulting services from key personnel to assist with department operations, technical oversight, and increased development-related hydraulic modeling demands.

Task 2 - Project Management and Administration
Services include coordination with City staff, internal project management, budget monitoring, and invoice preparation to support ongoing utility-related projects and initiatives.

Fees for Services are included in Table 1:

The proposed Dopudja & Wells Consulting Eighth Amendment, prior agreements, and disclosures are included as Attachments 1 through 13.

ENVIRONMENTAL IMPACT
This is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

GENERAL PLAN CONSISTENCY
This action is consistent with the City of Rialto’s General Plan Guiding Principle 3: Rialto’s Economic Environment is Healthy and Diverse. “Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good City of Rialto Page 2 of 3 Printed on 5/7/2026
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File #: 26-0317, Version: 1, Agenda #: TAB4
place to do business.”

LEGAL REVIEW
The City Attorney's Office has reviewed the agreement and approved it as to form.

FINANCIAL IMPACTS
Operating Budget Impact
The proposed Dopudja and Wells amendment will increase the contract amount by $530,510, bringing the total not-to-exceed amount to $5,537,438.

Total funding of $530,510 will require a new appropriation in:
1) Wastewater Contract Services, Account No. 56807860-52011, for $318,306; and 2) Water Contract Services, Account No. 56807960-52011, for $212,204 Capital Improvement Budget Impact
There is no impact on the Capital Improvement Budget.

Licensing
Dopudja & Wells Consulting maintains a current City of Rialto business license.

ATTACHMENTS

1. Resolution

2. RUA Resolution

3. Dopudja & Wells Consulting - Proposed Eighth Amendment to PSA

4. Dopudja & Wells Consulting - Original Professional Services Agreement

5. Dopudja & Wells Consulting - First Amendment

6. Dopudja & Wells Consulting - Second Amendment

7. Dopudja & Wells Consulting - Third Amendment

8. Dopudja & Wells Consulting - Fourth Amendment

9. Dopudja & Wells Consulting - Fifth Amendment

10. Dopudja & Wells Consulting - Sixth Amendment

11. Dopudja & Wells Consulting - Seventh Amendment

12. Dopudja & Wells Consulting - Conflict of Interest Disclosure

13. Dopudja & Wells Consulting - Business License
City of Rialto Page 3 of 3 Printed on 5/7/2026
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1 RESOLUTION NO. XXXX
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO AMENDING THE 2025-2026 WATER AND WASTEWATER FISCAL YEAR 3 BUDGET IN FUND 680.
4 WHEREAS, the budget for fiscal year 2025-2026 of the City of Rialto has been adopted by this 5 Council in its original form, and said budget will need to be amended at times to fulfill the goals of the 6 City; and
7 8
WHEREAS, the City departments may not exceed their appropriations by character of expense, with 9 character of expense being defined as personnelservices,services and supplies, capital outlay, debt service 10 and transfers, without the consent of the City Manager; and 11 12
WHEREAS, the City Manager may transfer appropriations between departments and within their 13 respective funds, as long as those appropriations do not exceed their fund total unless approved by 14 Council.
15 16

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 17 RIALTO AS FOLLOWS:
18 19
Section 1. Approve an appropriation to the Water and Wastewater Concession Agreement 20 Fund in the following contract services accounts:
21 Account No. 56807860-52011 in the amount of $318,306 22 Account No. 56807960-52011 in the amount of $212,204 23 24
Section 2. The City of Rialto’s City Manager or their designee is hereby authorized and 25 directed to execute the Budget Amendment and any amendments thereof. 26 27
Section 3. Thisresolution shall take effect immediately upon its passage. 28 650
-2-
1 2 PASSED, APPROVED AND ADOPTED this 6th day of May, 2026. 3 4
5 JOE BACA, Mayor
6 7
8 ATTEST:
9 10
11 12 BARBARA A. McGEE, City Clerk
13 APPROVED AS TO FORM:
14 15
16 17 ERIC S. VAIL, City Attorney
18 19
20 21
22 23
24 25
26 27
28 651
-3-
1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) ss
3 CITY OF RIALTO )
4 5 I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing 6 Resolution No. was duly passed and adopted at a regular meeting of the City Council of 7 the City of Rialto held on the 12th day of May, 2026. 8 Upon motion of , seconded by , the foregoing
9 Resolution No. was duly passed and adopted.
10 Vote on the motion:
11 AYES:
12 NOES:
13 ABSENT:
14 15 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 16 Rialto this 12th day of May, 2026.
17 18
BARBARA A. McGEE, City Clerk
19 20
21 22
23 24
25 26
27 28
652
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1 RUA RESOLUTION NO. XX-XX
2 A RESOLUTION OF THE RIALTO UTILITY AUTHORITY BOARD OF THE CITY OF RIALTO, CALIFORNIA AMENDING THE 2025-2026
3 WATER AND WASTEWATER FISCAL YEAR BUDGET.
4 WHEREAS, the budget for fiscal year 2025-2026 of the City of Rialto ("City") and Rialto Utility 5 Authority ("Authority") has been adopted by this Board in its original form, and said budget will need to 6 be amended at times to fulfill the goals of the City; and 7 8
WHEREAS, the City departments may not exceed their appropriations by character of expense, 9 with character of expense being defined as personnel services,services and supplies, capital outlay, debt 10 service and transfers, without the consent of the Executive Director; and 11 12
WHEREAS, the Executive Director may transfer appropriations between departments and within 13 their respective funds, as long as those appropriations do not exceed their fund total unless approved by 14 the Board.
15 16

NOW, THEREFORE, BE IT RESOLVED BY THE RIALTO UTLITY AUTHORITY BOARD 17 OF THE CITY OF RIALTO AS FOLLOWS:
18 19
Section 1. Approve an appropriation to the Water and Wastewater Concession Agreement 20 Fund in the following contract services accounts:
21 Account No. 56807860-52011 in the amount of $318,306 22 Account No. 56807960-52011 in the amount of $212,204 23 24
Section 2. The City and Authority’s Executive Director or their designee is hereby authorized 25 and directed to execute the Budget Amendment and any amendments thereof. 26 27
Section 3. Thisresolution shall take effect immediately upon its passage. 28 653
-2-
1 PASSED, APPROVED AND ADOPTED this 12th day of May, 2026. 2 3
4 JOE BACA, President
5 6
7 ATTEST:
8 9
10 11 BARBARA A. McGEE, Secretary
12 APPROVED AS TO FORM:
13 14
15 16 ERIC S. VAIL, General Counsel
17 18
19 20
21 22
23 24
25 26
27 28
654
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1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) ss
3 CITY OF RIALTO )
4 5 I, Barbara McGee, Secretary of the City of Rialto, do hereby certify that the foregoing Resolution 6 No. was duly passed and adopted at a regular meeting of the City Council of the City of 7 Rialto held on the 12th day of May, 2026.
8 Upon motion of , seconded by , the foregoing
9 Resolution No. was duly passed and adopted.
10 Vote on the motion:
11 AYES:
12 NOES:
13 ABSENT:
14 15 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 16 Rialto this 12th day of May, 2026.
17 18
BARBARA A. McGEE, Secretary
19 20
21 22
23 24
25 26
27 28
655

EIGHTH AMENDMENT TO THE

SERVICES AGREEMENT

BETWEEN THE RIALTO UTILITY AUTHORITY
AND

DUPUDJA AND WELLS CONSULTING

1. PARTIES AND DATE.

This Eighth Amendment to the Services Agreement (“Eighth Amendment”) is made and entered into this 12th day of May 2026, by and between the Rialto Utility 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 Eighth 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 UA related to engineering and as-needed support services (Project”).

2.2 Amendment. RUA and Consultant desire to amend the Agreement by this Eighth Amendment to include additional tasks for the Project as set forth in “Exhibit A” and to increase the total amount of compensation for the Agreement.

3. TERMS.

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 Eighth 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 Eighth Amendment in an amount not to exceed Five Hundred Thirty Thousand Five Hundred Ten Dollars and Zero Cents ($530,510.00). The total compensation, including reimbursement for actual expenses, RUA will pay Consultant pursuant to the Agreement as amended by the Eighth Amendment shall not exceed Five Million Five Hundred Thirty-Seven Thousand Four Hundred Thirty-Eight Dollars and Zero Cents ($5,537,438.00).

3.3 Time for Performance. The time to complete the additional services included in the Eighth Amendment shall begin immediately upon execution of the Eighth Amendment.

3.4 Continuing Effect of Agreement. Except as amended by this Eighth Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Eighth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Eighth Amendment. 656
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April 15, 2026 Page 2 of 5

3.5 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 Eighth Amendment.

3.6 Counterparts. This Eighth 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.

3.7 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.

3.8 Corporate Authority. The persons executing this Eighth 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 Eighth Amendment on behalf of said party, (iii) by so executing this Eighth Amendment, such party is formally bound to the provisions of this Eighth Amendment and (iv) the entering into this Eighth Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
657
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April 15, 2026 Page 3 of 5
IN WITNESS WHEREOF, the parties hereto have executed and entered into this Agreement on the date first written above.

RIALTO UTILITY AUTHORITY DOPUDJA AND WELLS CONSULTING
By: By:

Tanya Williams, Executive Director Signature
ATTEST: Stephen Dopudja
Name
By:

Barbara A. McGee, Secretary Chief Executive Officer
Title
APPROVED AS TO FORM:

By:

Burke, Williams & Sorensen, LLP Signature
By: Jon Wells
Eric S. Vail, General Counsel Name
Chief Executive Officer
Title
**Two signatures are required if a
corporation**
658
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April 15, 2026 Page 4 of 5
EXHIBIT “A”

SCOPE OF SERVICES
659
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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 8
th day of February 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. 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 the attached Figure 1. We will also 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 688
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 station 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 station. In the event the LRP is completed prior to the IEUA summer 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 designs, 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 sewage 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 explore 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 anticipated. Power 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 as-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 689
3 attached as Figure 2. Because the original 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 side 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 Plans. Our team will prepare 90%, 100% and final stamped and signed plans for the LRP. As part of our scope of work, we will coordinate with local nurseries so the City can contract grow the required vegetation, prior to planting at 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:
 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 prepare, 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 prepare 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 690
4 assure that proposed 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 & Wells 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 Technical Specifications 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 necessary permits. Dopudja & Wells has budgeted some as-need assistance to support the City in this effort.

DocuSign Envelope ID: 5304C469-5595-4028-8ED2-6E2AFE7732B9 691
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 construction 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 692
6 Section IV 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 One Million, Two Hundred and Three Thousand, Eight Hundred and Sixty-Four Dollars and Zero Cents ($1,203,864.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”

2. GENERAL PROVISIONS.

2.1 Remainder Unchanged. Except as specifically 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 effective 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. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same DocuSign Envelope ID: 5304C469-5595-4028-8ED2-6E2AFE7732B9 693
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 694
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:
____________________________ ______________________________ 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: 5304C469-5595-4028-8ED2-6E2AFE7732B9 3/14/2022
3/14/2022
3/14/2022
3/14/2022
3/14/2022
695
9 Exhibit “C-1”
Billing Rates Schedule
DocuSign Envelope ID: 5304C469-5595-4028-8ED2-6E2AFE7732B9 696
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 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. 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 the attached Figure 1. We will also prepare a construction cost estimate that will be provided with each of the submittals. The anticipated drawings are as follows:
x G01 – Title Sheet with Location Map and Index of Drawings x G02 – Abbreviations, General Notes, Legend and Survey Control x C01 to C03 – Grading Sheets at a scale of 1 inch – 40 feet x C04 to C05 – Grading Details and Cross Sections
x C06 to C08 – Pipeline Plan and Profile Sheets












 

697
2 x C09 to C11 – Civil Details and Structures
x M01 to M03 – Pump Station Mechanical and Electrical Plans x M04 – Pump Station Details
x E1 to E6 - Electrical Plans and Details
x 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 station 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 station. In the event the LRP is completed prior to the IEUA summer 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 designs, 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 sewage 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 explore 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 anticipated. Power 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 as-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, 











 

698
3 attached as Figure 2. Because the original 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 side 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:
x P01 to P02 – Street Parking Plans
x 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 Plans. Our team will prepare 90%, 100% and final stamped and signed plans for the LRP. As part of our scope of work, we will coordinate with local nurseries so the City can contract grow the required vegetation, prior to planting at 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:
x L01 to L03 – Landscape Planting Plans
x L04 – Plant Palette, Quantities and Notes
x L04 – Irrigation Plans
Task 3 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 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 prepare hydraulic calculations for the inlet pipeline and lake level control structures. The Hydrology/Hydraulic Study will address the existing and ultimate site condition to 











 

699
4 assure that proposed 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 & Wells 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 Technical Specifications 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 necessary permits. Dopudja & Wells has budgeted some as-need assistance to support the City in this effort.












 

700
5 Task 7: Construction Period Engineering Services
Dopudja & Wells team members will provide construction phase engineering support services. These include:
x Review and respond to up to six Request for Information x Review and respond to up to six Submittals
x Review and respond to up to two Contract Change Orders x Attend up to eight construction meetings
x Geotechnical Engineering assistance during the construction period (up to 40 hours)
x Landscaping and irrigation system assistance during the construction 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:












 

701
6 Section IV 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 One Million, Two Hundred and Three Thousand, Eight Hundred and Sixty-Four Dollars and Zero Cents ($1,203,864.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”

2. GENERAL PROVISIONS.

2.1 Remainder Unchanged. Except as specifically 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 effective 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. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same 











 

702
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]












 

703
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:
____________________________ ______________________________ 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












 
















704
9 Exhibit “C-1”
Billing Rates Schedule












 

705

SECOND AMENDMENT TO SERVICES AGREEMENT

BETWEEN THE RIALTO UTILITY AUTHORITY AND

DOPUDJA AND WELLS
This Second Amendment to the Services Agreement Second
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 on the terms and conditions stated below. RUA and Consultant are hereinafter collectiv . RECITALS
A. The Parties entered into the Services Agreement for engineering and as-needed support services on the 13th of April 2021 . 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 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 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 706 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 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 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 of Triennial Inspection. 707
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. 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 comment 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 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 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 limitations set forth in this Agreement, RUA agrees to pay Consultant the amounts specif hedule of
-1
herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Million, Four Hundred and Forty-One Thousand, Three Hundred and FortySeven Dollars and Zero Cents ($1,441,347.00) (the 708
4 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 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 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 govern 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 Agreement, 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]
709
5 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: ____________________________ ______________________________ 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
710
6 Exhibit -1
Billing Rates Schedule
711
712
713
714
715
716
717

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
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
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:

Title:

Signature: Date:

Form Date 11/11/2021
11/28/22
Stephen Dopudja, President
Dopudja & Wells, Consulting, Inc.

None None None
718

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 City employee, and any person who is a consultant to the City. (b)
(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)
leadership position in, or had an ownership interest in, a grant or contract recipient. (d) parent, grandparent, child, grandchild, aunt, uncle, or cousin. (e)
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 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 grant, or if City Council approval is not required, at least five days before the contract or grant is approved. The (5) The prohibitions in this section are in addition 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. 719
(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.
720

THIRD AMENDMENT TO SERVICES AGREEMENT

BETWEEN THE RIALTO UTILITY AUTHORITY AND

DOPUDJA AND WELLS
This Third
entered into this 12th day of September 2023 by and between the Dopudja and Wells Consulting, ority

RECITALS
A. The Parties entered into the Services Agreement for engineering and as-needed support services on the 13th of A
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 asneeded consulting, development of a Water Supply Assessment (WSA) for the Foothill Specific Plan Update, and additional design services for the Rialto Habitat and Nature

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. 721
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 Central 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 irrigation 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 IEUA 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 Preliminary 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 groundwater 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. 722 Additional project management.

Exhibit 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: - 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 TwentyEight Dollars and Zero Cents ($2,196,228.00) (the 723
unless additional compensation is approved pursuant

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 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 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 govern 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 Agreement, 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]
724

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
725
726
Exhibit - Billing Rates Schedule
6 727

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.

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
728

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 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 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) 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 includes a spouse, parent, grandparent, child, grandchild, aunt, uncle, or cousin. (e)
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 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 he contract or
grant, or if City Council approval is not required, at least five days before the contract or grant is approved. The (5) The prohibitions in this section are in addition 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. 729
(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.
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1 FIRST AMENDMENT TO SERVICES AGREEMENT

BETWEEN THE RIALTO UTILITY AUTHORITY AND

DOPUDJA AND WELLS
This First Amendment to the Services Agreement
entered into this 8th day of February 2022 by and between the Dopudja and Wells Consulting, a California Corporation Consultant , and the Rialto Utility Authority, a joint on the terms and conditions stated below. RUA and Consultant are hereinafter collectiv . RECITALS
A. The Parties entered into the Services Agreement for engineering and as-needed support services on the 13th of April 2021 . 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 will prepare 90%, 100% and final stamped and signed plans for the LRP, based on the attached Figure 1. We will also 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
758
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 station 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 station. In the event the LRP is completed prior to the IEUA summer 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 designs, 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 sewage 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 explore alternative restroom facilities such as a portable/trailer mount facility w
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 anticipated. Power 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 as-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, 759
3 attached as Figure 2. Because the original 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 side 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 Plans. Our team will prepare 90%, 100% and final stamped and signed plans for the LRP. As part of our scope of work, we will coordinate with local nurseries so the City can contract grow the required vegetation, prior to planting at 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:

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 prepare, 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 prepare hydraulic calculations for the inlet pipeline and lake level control structures. The Hydrology/Hydraulic Study will address the existing and ultimate site condition to 760
4 assure that proposed 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 & Wells 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 Technical Specifications will be will be provided by
the City and be consistent with City procurement standards. We anticipate the City will rocurement process.

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

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.
761
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 construction 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:
762
6 Section IV 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 specif
-1
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 Cents ($1,203,864.00) (the Section 1.9.

2. GENERAL PROVISIONS.

2.1 Remainder Unchanged. Except as specifically 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 effective 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. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same 763
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]
764
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: ____________________________ ______________________________ 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
765
9 Exhibit -1
Billing Rates Schedule
766

SECOND AMENDMENT TO SERVICES AGREEMENT

BETWEEN THE RIALTO UTILITY AUTHORITY AND

DOPUDJA AND WELLS
This Second Amendment to the Services Agreement Second
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 on the terms and conditions stated below. RUA and Consultant are hereinafter collectiv . RECITALS
A. The Parties entered into the Services Agreement for engineering and as-needed support services on the 13th of April 2021 . 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 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 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 767 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 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 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 of Triennial Inspection. 768
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. 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 comment 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 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 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 limitations set forth in this Agreement, RUA agrees to pay Consultant the amounts specif hedule of
-1
herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Million, Four Hundred and Forty-One Thousand, Three Hundred and FortySeven Dollars and Zero Cents ($1,441,347.00) (the 769
4 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 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 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 govern 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 Agreement, 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]
770
5 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: ____________________________ ______________________________ 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
771
6 Exhibit -1
Billing Rates Schedule
772
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774
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776
777
778

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
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
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:

Title:

Signature: Date:

Form Date 11/11/2021
11/28/22
Stephen Dopudja, President
Dopudja & Wells, Consulting, Inc.

None None None
779

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 City employee, and any person who is a consultant to the City. (b)
(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)
leadership position in, or had an ownership interest in, a grant or contract recipient. (d) parent, grandparent, child, grandchild, aunt, uncle, or cousin. (e)
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 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 grant, or if City Council approval is not required, at least five days before the contract or grant is approved. The (5) The prohibitions in this section are in addition 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. 780
(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.
781

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
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
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:

Title:

Signature: Date:

Form Date 11/11/2021
11/28/22
Stephen Dopudja, President
Dopudja & Wells, Consulting, Inc.

None None None
782

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 City employee, and any person who is a consultant to the City. (b)
(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)
leadership position in, or had an ownership interest in, a grant or contract recipient. (d) parent, grandparent, child, grandchild, aunt, uncle, or cousin. (e)
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 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 grant, or if City Council approval is not required, at least five days before the contract or grant is approved. The (5) The prohibitions in this section are in addition 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. 783
(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.
784
4863-6442-6900 v1 Page 1 of 7

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
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 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 First Amendment to the Agreement and described in attached hereto and incorporated herein by this reference.

3.2 Payment Terms. Consultant shall be compensated for the additional services included in this First 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 Amendment 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 First Amendment shall begin immediately upon the RUA
Amendment and shall be completed within thirty (30) days of its 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. 785
4863-6442-6900 v1 Page 2 of 7

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 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 Fourth 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 Fourth Amendment on behalf of said party, (iii) by so executing this Fourth Amendment, such party is formally bound to the provisions of this Fourth Amendment and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
786
4863-6442-6900 v1 Page 3 of 7
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:

Michael Milhiser, Interim 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**
787
4863-6442-6900 v1 Page 4 of 7

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:

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.
788
4863-6442-6900 v1 Page 5 of 7
789
4863-6442-6900 v1 Page 6 of 7
790
4863-6442-6900 v1 Page 7 of 7
B

BILLING RATES SCHEDULE
791
4863-6442-6900 v1 Page 1 of
13 FIFTH AMENDMENT TO THE SERVICES

AGREEMENT

BETWEEN THE RIALTO UTILITY AUTHORITY
AND

DOPUDJA AND WELLS CONSULTING

1. PARTIES AND DATE.

This Fifth Amendment to the Services Agreement (“Fifth Amendment”) is made and entered into this 13
th day of August 2024, 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 Fifth 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 Fifth Amendment to include additional tasks for the project as set forth in “Exhibit A”, 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 Fifth Amendment to the Agreement and described in “Exhibit A,” attached hereto and incorporated herein by thisreference.

3.2 Payment Terms. Consultant shall be compensated for the additional services included in this Fifth Amendment in an amount not to exceed Eight Hundred Forty-Four Thousand, Four Hundred Sixty Dollars and Zero Cents ($844,460.00). The total compensation, including reimbursement for actual expenses, the RUA will pay Consultant pursuant to the Agreement as amended by the Fifth Amendment shall not exceed Three Million Three Hundred Sixty-Six Thousand, Four Hundred Thirty-Eight Dollars and Zero Cents ($3,366,438.00).

3.3 Time for Performance. The time to complete the additional services included in the Fifth Amendment shall begin immediately upon the RUA Council’s approval of the Fifth Amendment and shall be completed by the following dates:

Task 1:
 Utility Manager support – December 31,2024
 As-Needed support – June 30, 2025
Task 2:
 Rialto Habitat Nature Center – June 30, 2025
792
4863-6442-6900 v1 Page 2 of
13 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.

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]
793
4863-6442-6900 v1 Page 3 of
13 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: _________________________________
Michael Milhiser, Interim Rialto Signature
Utility Authority Executive Director
ATTEST: Stephen Dopudja
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**
794
4863-6442-6900 v1 Page 4 of
13 EXHIBIT “A”

SCOPE OF SERVICES
TASK 1: AS-NEEDED SUPPORT SERVICES - $600,000
 Additional Staffing Support Services during the on-going vacancy of the Utilities Manger position through December 31, 2024 - $350,000.
 As-Needed Staffing Support Services Through June 30, 2025. - $250,000. o Advise on City/RUA’s utility operations and the Concession Agreement; o Meeting Attendance, Coordination, and On-Going Staff Support; o Review of Reports; and
o Engineering Studies and Planning Support Services.

Specifically, Consultant shall provide those services as outlined in its proposal included on the following pages.
795
4863
-6442-6900 v1 Page
5 of
13 796
4863
-6442-6900 v1 Page
6 of
13 797
4863
-6442-6900 v1 Page
7 of
13 798
4863-6442-6900 v1 Page 8 of
13 Task 2: Rialto Habitat Nature Center Supplemental Design Services - 244,460
The following tasks comprise the additional scope of work required to complete final design for the Rialto Habitat Nature Center Project:
 Update Civil and Mechanical Plans
 Final design for electrical , instrumentation and controls  Lake flow routing, temperature, and water quality modeling  Coordinate a preliminary outline of operation and maintenance plan with RWS/Veolia staff
 Regulatory agency support, permits, and operational agreements  Project Management
Specifically, Consultant shall provide those services as outlined in its proposal included on the following pages.
799
4863
-6442-6900 v1 Page
9 of
13 800
4863
-6442-6900 v1 Page 10 of
13 801
4863
-6442-6900 v1 Page 11 of
13 802
4863
-6442-6900 v1 Page 12 of
13 803
4863-6442-6900 v1 Page 13 of
13 Exhibit “B”

BILLING RATES SCHEDULE
804

SIXTH AMENDMENT TO THE

SERVICES AGREEMENT

BETWEEN THE RIALTO UTILITY AUTHORITY
AND

DOPUDJA AND WELLS CONSULTING

1. PARTIES AND DATE.

This Sixth Amendment to the Services Agreement
this 25th day of March 2025, by and between the Rialto Utility Authority, a joint powers authority , Consultant are some
Sixth 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 UA related to engineering and as-needed support services.

2.2 Amendment. RUA and Consultant desire to amend the Agreement by this Sixth Amendment to include additional tasks for the project as set forth in and to increase the total amount of compensation for the Agreement.

3. TERMS.

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 Sixth Amendment to the Agreement and described in attached hereto and incorporated herein by this reference. 805

3.2 Payment Terms. Consultant shall be compensated for the additional services included in this Sixth Amendment in an amount not to exceed Nine Hundred Ninety-Three Thousand Once Hundred Twenty-Five Dollars and Zero Cents ($993,125.00). The total compensation, including reimbursement for actual expenses, the RUA will pay Consultant pursuant to the Agreement as amended by the Sixth Amendment shall not exceed Four Million Three Hundred Fifty-Nine Thousand Five Hundred Sixty-Three Dollars and Zero Cents ($4,359,563.00).

3.3 Time for Performance. The time to complete the additional services included in the Sixth Amendment shall begin immediately upon the RUA Board approval of the Sixth Amendment and shall be completed by the following dates:

Task 1: Additional Interim Staffing Related to the Utility Department 6 months Task 2: As-Needed and Concession Agreement Oversight Support 12 months Task 3: IEUA Effluent Assistance Phase 2 Support Per IEUA Schedule Task 4: Wildfire Preparedness and Water Quality Addendum to the Water Master Plan 6 months Task 5: Project Management and Administration-12 months

3.5 Continuing Effect of Agreement. Except as amended by this Sixth Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.

From and after the date of this Sixth Amendment, whenever the term Agreement appears in the Agreement, it shall mean the Agreement as amended by this Sixth Amendment.

3.6 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 Sixth Amendment.

3.7 Counterparts. This Sixth 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.

3.8 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 City 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 City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.
806

3.9 Corporate Authority. The persons executing this Sixth 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 Sixth Amendment on behalf of said party, (iii) by so executing this Sixth Amendment, such party is formally bound to the provisions of this Sixth Amendment and (iv) the entering into this Sixth Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
807

IN WITNESS THEREOF, the parties have caused their authorized representative to execute this agreement the day and year Sixth above written.

RIALTO UTILITY AUTHORITY, DOPUDJA AND WELLS CONSULTING, a joint powers authority a California Corporation
By: By:

Tanya Williams Signature
Executive Director
Stephen Dopudja
Printed Name
Attest:

Chief Executive Officer
Title
By:

Barbara McGee
Board Secretary By:

Signature
Approved as to Form: Jon Wells
Printed Name
Burke, Williams & Sorensen, LLP
Chief Executive Officer
Title
By:

Eric S. Vail **Two signatures are required if a
General Counsel corporation**
808

EXHIBIT

SCOPE OF SERVICES
809

810

811

Exhibit
812

SEVENTH AMENDMENT TO THE

SERVICES AGREEMENT

BETWEEN THE RIALTO UTILITY AUTHORITY
AND

DOPUDJA AND WELLS CONSULTING

1. PARTIES AND DATE.

This Seventh Amendment to the Services Agreement ( Seventh Amendment ) is made and entered into this 25th Day of November 2025, by and between the Rialto Utility Authority ( RUA ) and Dopudja and Wells Consulting, a California Corporation, ( Consultant ). RUA and Seventh 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 UA related to engineering and as-needed support services.

2.2 Amendment. RUA and Consultant desire to amend the Agreement by this Seventh Amendment to 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 Seventh Amendment to the Agreement and described in attached hereto and incorporated herein by this reference.

3.2 Payment Terms. Consultant shall be compensated for the additional services included in this Seventh Amendment in an amount not to exceed Six Hundred Forty-Seven Thousand Three Hundred Sixty-Five Dollars and Zero Cents ($647,365.00). The total compensation, including reimbursement for actual expenses, the RUA will pay Consultant pursuant to the Agreement as amended by the Seventh Amendment shall not exceed Five Million Six Thousand Nine Hundred Twenty-Eight Dollars and Zero Cents ($5,006,928.00). 813

3.3 Time for Performance. The time to complete the additional services included in the Seventh Amendment shall begin immediately upon the RUA Board approval of the Seventh Amendment and shall be completed by the following dates:

Task 1: Additional Interim Staffing Related to the Utility Department 6 Months Task 2: Cactus Basin Recharge Coordination TBD Per San Bernardino Valley Municipal Water District (SBVMWD)
Task 3: RHNC Preliminary O&M Manual 6-9 Months
Task 4: Project Management and Administration 6 Months

4. MISCELLANEOUS TERMS.

4.1 Continuing Effect of Agreement. Except as amended by this Seventh Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.

From and after the date of this Seventh Amendment, whenever the term Agreement appears in the Agreement, it shall mean the Agreement as amended by this Seventh Amendment.

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 Seventh Amendment.

4.3 Counterparts. This Seventh 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 Seventh 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 Seventh Amendment on behalf of said party, (iii) by so executing this Seventh Amendment, such party is formally bound to the provisions of this Seventh Amendment and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
814

IN WITNESS THEREOF, the parties have caused their authorized representative to execute this agreement the day and year first above written.

RIALTO UTILITY AUTHORITY DOPUDJA AND WELLS CONSULTING,
a California Corporation
By: By:

Tanya Williams Signature
Executive Director
Stephen Dopudja
Name
Attest:

Chief Executive Officer
Title
By: Barbara A. McGee
Secretary By:

Signature
Approved as to Form: Jon Wells
Name
Burke, Williams & Sorensen, LLP
Chief Executive Officer
Title
By:

Eric S. Vail **Two signatures are required if a
General Counsel corporation**
815

SCOPE OF SERVICES

816

817

SCHEDULE OF COMPENSATION
818
819
820
821
License Number: BLPSVR25-1358
Issued: 10/30/2025
Location Address
3080 Bristol Street, Suite 520

RECEIPT MUST BE CONSPICUOUSLY DISPLAYED IN YOUR PLACE OF BUSINESS Business Name & Mailing Address
Dopudja & Wells Consulting, Inc.
3080 Bristol Street, Suite 520
Costa Mesa, CA 92626

BUSINESS LICENSE
Expires on: 12/31/2026
This business tax receipt does not permit the holder to operate in violation of any City law, ordinance or regulation. Any change in location or ownership must be approved by the City Business Tax Section, subject to zoning restrictions. This receipt does not constitute an endorsement, approval or disapproval of the holder's skill or competence or of the compliance or noncompliance of the holder with other laws, regulations or standards. For Special Events contact Planning at (909) 820-2535.

VALID ONLY WHEN SIGNED
822
City of Rialto
Legislation Text
File #: 26-0313, Version: 1, Agenda #: TAB5
For City Council Meeting: May 12, 2026
TO: Honorable Mayor and City Council
FROM: Tanya Williams, City Manager
AUTHOR: Christopher P. Jensen, Fire Chief
Request City Council to: (1) Adopt Budget Resolution No. 8503 Amending the Fiscal Year 2025/2026 Budget to Appropriate $95,000 in Fund 2209; (2) Approve the Purchase of Two (2) F-150 XLT SuperCrew 4x4 Hybrid Pickup Trucks, Equipment, Modifications, and Installation of Emergency Equipment; and (3) Authorize the City Manager or Their Designee to Execute All Documents. (ACTION)

RECOMMENDATION
Staff recommends that the City Council:
1) Adopt a Budget Resolution amending the Fiscal Year 2025/2026 Budget to appropriate $95,000 in Fund 2209;
2) Approve the purchase of two (2) Ford F-150 XLT SuperCrew 4x4 Hybrid Pick-Up Trucks from Fairview Ford Sales, Inc. in the amount of $130,390.70; 3) Approve the purchase of equipment, modifications, and installation of emergency equipment in the amount of $108,594.77; and
4) Authorize the City Manager or their designee to execute all documents.

BACKGROUND
The Rialto Fire Department relies on a fleet of vehicles to support operational continuity, including Command Vehicles used by command staff to conduct daily operations and respond to emergency incidents. The current Command Vehicles scheduled for replacement are two 2016 Ford Explorer units (F0122 and F0124), each with over 10 years of service. Both units have been evaluated under the City’s Fleet Replacement Program using the Ambulance/Staff Vehicle Scoring Metrics and received scores of 24, placing them under Condition III - Qualifies for Replacement. Frequent and costly maintenance issues further underscore the urgency of replacement. Upon delivery of the new vehicles, F0122 and F0124 will be surplused through the formal City process.

The new Ford F-150 XLT SuperCrew 4x4 Hybrid Pick-Up Trucks will enhance operational efficiency, reliability, and safety for fire department leadership.

After evaluating the current fleet, the most urgent vehicle acquisitions are: (2) Ford F-150 XLT SuperCrew 4x4 Hybrid Pick-Up Truck Command Staff Vehicles

ANALYSIS/DISCUSSION
Ford vehicles are currently utilized for operational continuity and fleet maintenance. The Ford F-150 City of Rialto Page 1 of 3 Printed on 5/7/2026
powered by Legistar™823
File #: 26-0313, Version: 1, Agenda #: TAB5
Ford vehicles are currently utilized for operational continuity and fleet maintenance. The Ford F-150 XLT SuperCrew Pick-Up Trucks will be assigned to the command staff. To address these needs, staff worked closely with the Purchasing Department to define the Request for Bid (RFB) vehicle specifications.

On April 9, 2026, the bidding process for two (2) Ford F-150 XLT SuperCrew 4x4 Hybrid Pick-Up Trucks was publicly advertised under RFB 26-027 and was published on PlanetBids. The bid closed on April 24, 2026, and 156 vendors were solicited. Three (3) Ford dealerships submitted proposals.

The dealerships that participated in the bidding are listed below:
• Fairview Ford Sales, Inc.
• Ken Grody Ford Redlands
• Santa Margaria Ford
After reviewing all submissions, staff determined that Fairview Ford Sales, Inc. was the lowest and most responsible bidder. Attachment 1. Staff recommends approving the bid from Fairview Ford Sales, Inc. for the purchase of two (2) Ford F-150 XLT SuperCrew 4x4 Hybrid Pick-Up Trucks, in the total amount of $130,390.70. This amount includes the government discount, taxes, and transportation fees. The vehicles are new and align with the specifications of those currently in the department’s fleet. Acquiring these vehicles will replace aging command staff units F0122 and F0124, both 2016 Ford Explorers that qualify for replacement under the City’s Fleet Replacement Program.

These units will be surplused through the formal City process upon receipt of the new vehicles. An abstract of the bid from RFB 26-027 from Fairview Ford Sales, Inc. is also included.

To ensure operational efficiency and effectiveness, the following upgrades and modifications are proposed for the two new command vehicles:
• Emergency Equipment Installation - Retrofitted with emergency lighting and center consoles for mobile digital centers to support critical operational needs. • Suspension and Off-Road Enhancements - Upgraded suspension components, wheels, and tires to enhance off-road handling and capability, ensuring reliable performance in diverse terrains.
• Secure Equipment Storage - Equipped with SmartCap bed covers and Decked bed storage systems to organize and secure tools and supplies. These additions protect critical equipment from environmental exposure and enhance operational efficiency during emergencies. • Communication Upgrades - Motorola 800MHz Radios installed to provide reliable communication for urban operations, maintaining seamless coordination with dispatch, field units, and other agencies. Motorola VHF Radios installed for wildland fire incidents, ensuring interoperability with cooperating agencies within the Mutual Threat Zone. These radios are vital for interagency coordination during complex emergencies. The cost of the Motorola Radios was offset through Homeland Security Grant Program (HSGP) funding secured by the department, providing significant cost savings to the City.

These enhancements, totaling $108,594.77, collectively support the Department’s mission by improving safety, efficiency, and operational readiness. The utilization of HSGP grant funding to procure the Motorola Radios represents a significant cost savings to the City and reflects the department’s commitment to maximizing grant resources to offset operational expenses.

City of Rialto Page 2 of 3 Printed on 5/7/2026
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File #: 26-0313, Version: 1, Agenda #: TAB5

ENVIRONMENTAL IMPACT
The proposal is not a “Project” as defined by the California Environmental Quality Act (CEQA).

Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

GENERAL PLAN CONSISTENCY
This purchase supports the City of Rialto’s General Plan, particularly:

Goal 5-3.1: Provide fire personnel, equipment, and fire stations to have adequate and appropriate resources to meet the needs and serve all areas of Rialto.

LEGAL REVIEW
The City Attorney's Office has reviewed the staff report.

FINANCIAL IMPACTS
Operating Budget Impact
The purchase does not impact the FY2025/2026 operating budget.

Capital Improvement Budget Impact
After the adoption of the proposed budget resolution, funding in the amount of $238,985.47 for the purchase, outfitting, and identification of (2) Fire Department command staff vehicles will be available in Account No. 22095175-53050.

Licensing
A City of Rialto business license is not required for this procurement because the vendors operate outside of the city of Rialto and no business activity related to this procurement is conducted within city limits.

ATTACHMENTS

1. Attachment 1 - RFB 26-027 Results
City of Rialto Page 3 of 3 Printed on 5/7/2026
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ITEM QTY. UNIT EXT UNIT EXT UNIT EXT
001 2 $60,498.00 $120,996.00 $60,568.00 $121,136.00 $61,980.00 $123,960.00 002 1 $17.50 $17.50 $17.50 $17.50 $17.50 $17.50
003 1 $0.00 $0.00 $0.00 $0.00 $350.00 $350.00
004 1 $0.00 $0.00 $170.00 $170.00 $244.00 $244.00
005 1 $9,377.20 $9,377.20 $9,388.04 $9,388.04 $10,861.38 $10,861.38 $ - $ -
$130,390.70
$130,390.70
$ -
$ - $ -

VEHICLE UNIT PRICE

SUBTOTAL
TAX (7.75%)

FREIGHT
TOTAL

HANDLING
San Bernardino, CA
Todd Eff

DESCRIPTION
CA STATE SALES TAX (7.75%)

SHIPPING

LOCATION

CONTACT
Rancho Santa
Margarita, CA
Fairview Ford Sales, Inc.
(909) 386-0281
Vendors Solicitated:
(909) 772-8746
Karl Kordik
156

CITY OF RIALTO

ABSTRACT OF BIDS
Ken Grody Ford
Redlands Santa Margaria Ford
Bid Due Date:

VENDOR
Bid Number: 26-027
04/24/2026, 4:00 P.M.

Dave Wilcox
PHONE
$ -
$130,711.54 $135,432.88

CA STATE TIRE FEE (TOTAL TIRE
FEE)
$130,711.54 $135,432.88
(714) 595-4713
Redlands, CA
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RESOLUTION NO._____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIALTO, CALIFORNIA, AMENDING ITS 2025-2026 FISCAL
BUDGET AND APPROPRIATING $95,000 FROM FUND 2209
FUND BALANCE.

WHEREAS, the budget for fiscal year 2025-2026 of the City of Rialto has been adopted by this Council in its original form, and said budget will need to be amended at times to fulfill the goals of the City; and
WHEREAS, the City departments may not exceed their appropriations by character of expense, with character of expense being defined as personnel services, services and supplies, capital outlay, debt service and transfers, without the consent of the City Manager; and
WHEREAS, the City Manager may transfer appropriations between departments and within their respective funds, as long as those appropriations do not exceed their fund total unless approved by Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: Authorize an appropriation of $95,000 from Fund 2209 balance to Account No. 22095175-53050
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PASSED APPROVED AND ADOPTED this 12
TH day of May 2026.
_______________________________
JOE BACA, Mayor
ATTEST:
______________________________
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
______________________________
ERIC VAIL, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RIALTO )
I, Barbara A. McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No.____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ____ day of ______________, 2026.

Upon motion of Council Member ____________, seconded by Council Member ____________, the foregoing Resolution No. ____ was duly passed and adopted.

Vote on the motion:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2026. ____________________________________
BARBARA A. McGEE, CITY CLERK
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