For City Council and Rialto Utility Authority Meeting [July 13, 2021]
TO: Honorable Mayor and City Council
APPROVAL: Marcus Fuller, City Manager
FROM: Thomas J. Crowley, P.E., Utilities Manager
Title
Request City Council/Rialto Utility Authority Board Approve the Professional Services Agreement with Soto Resources to Provide a Funding Research and Strategy Report for the Lake Rialto Project and As-Needed Grant Writing Assistance for Rialto Utility Authority and Utilities Division in an Amount Not to Exceed $50,250.
(ACTION)
Body
BACKGROUND
The Lake Rialto Habitat Management and Community Open Space Project is a proposed project located just south of the City’s existing Wastewater Treatment Plant (WWTP). At this location, a large depression exists that can be converted into a lake by using the City’s WWTP effluent to create a wetlands environment. The wetlands environment will help maintain temperature and flow control to the Rialto Channel for the protection for the endangered species existing in the area. The proposed project will also create recreational and educational opportunities in a predominantly industrial section of the City.
The ultimate goal of the proposed project is to develop a comprehensive plan for the use of the Lake Rialto site that will benefit the environment and Community, including the creation of a venue for educational and recreational opportunities associated with Lake Rialto.
ANALYSIS/DISCUSSION
Staff is proposing a Professional Services Agreement (PSA) with Soto Resources to provide a Funding Research and Strategy Report for the Lake Rialto Project and as-needed grant writing assistance. These services are described in the proposed PSA and comprise grant writing assistance including completion of a Funding Research and Strategy Report for the Lake Rialto Project and any as-needed funding application assistance. The Proposed PSA is included as Attachment 1. The Disclosures Required by Persons or Entities Contracting with the City of Rialto form is included as Attachment 2.
As discussed in a Water Subcommittee on March 24, 2021, in order to begin the time sensitive work, Soto Resources was authorized by the Utilities Manager to begin work on developing a Funding Research and Strategy Report to be provided no later than June 30, 2021. This report has been completed and will be presented to the Water Subcommittee in July. The attached PSA includes this work as part of their scope of work and fee schedule.
ENVIRONMENTAL IMPACT
This request 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 Guiding Principle 3 in the General Plan:
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 place to do business.
LEGAL REVIEW
The City Attorney has reviewed and supports the staff report and the Professional Services Agreement with Soto Resources. It should be noted that Soto Resources requested, and the City agreed to allow, exemption from the following insurance policy requirements:
• Workers’ Compensation policy, since they are a sole proprietorship that does not have any employees,
• Automobile Policy, since they will not be operating or utilizing a motor vehicle in the performance of the Scope of Services, and
• Professional Liability Policy, since there is no professional license legally required to perform the Scope of Services.
All other requirements remain in place.
FINANCIAL IMPACT
Operating Budget Impact
Funds in the amount of $50,250 are available in the Fiscal Year 2020/2021 budget Account No. 680-500-7860-2011.
Capital Improvement Budget Impact
There is no Capital Improvement Budget impact with the proposed action.
Licensing
Prior to execution of the Professional Service Agreement, the vendor shall submit a business license application and pay a Business License tax at the rate of $129, as well as Administration and State fees.
RECOMMENDATION
Staff recommends that the City Council/Rialto Utility Authority Board:
1. Approve the Professional Services Agreement with Soto Resources to Provide a Funding Research and Strategy Report for the Lake Rialto Project and As-Needed Grant Writing Assistance for Rialto Utility Authority and Utilities Division in an Amount Not to Exceed $50,250; and
2. Authorize the City Manager to execute all documents.