CITY OF RIALTO
DISCLOSURES REQUIRED BY PERSONS OR ENTITIES
CONTRACTING WITH THE CITY OF RIALTO*
Pursuant to City of Rialto Code of Ordinances Section 2.48.145, 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 Code of Ordinances Section 2.48.140 (attached here).
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.
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:_E_r_ic_A_lv_a_re_z ____________ _ Title: President
Signature: ~
Ordinance 1655 must be attached
Form Date: 06/09/2021
DocuSign Envelope ID: 51018568-EBFA-4130-B775-1CBC45E17CEO 1 ORDINANCE NO. 1655
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIAL TO,
CALIFORNIA, AMENDING THE CITY'S CONFLICT OF INTEREST
3 ORDINANCE (CITY OF RIAL TO CODE OF ORDINANCES SECTION
2.48.140) AND CONFLICT OF INTEREST DISCLOSURE ORDINANCE 4 (CITY OF RIALTO CODE OF ORDINANCES SECTION 2.48.145). 5 WHEREAS, in June, 2019, a fiscal year-end audit identified conflict of interest concerns related to the City's federal program spending, and specifically with federal 6 CDBG grants; and
7 WHEREAS, subsequent review of the City's conflict of interest ordinances and internal controls process identified several issues with these ordinances and processes; and 8 WHEREAS, Subsequent to the resolution of the initial conflict of interest, the 9 federal Department of Housing and Urban Development (HUD) has requested that the City update and strengthen its conflict of interest ordinance and internal controls process, 10 to avoid similar future conflicts of interest; and
11 WHEREAS, this proposed new conflict of interest ordinance will minimize the potential for future conflicts of interest in the award of City contracts and grants, and in 12 particular, federal CDBG grants; and
13 WHEREAS, the substantive changes in this proposed new conflict of interest ordinance have been reviewed and approved by HUD.
14 NOW, THEREFORE, the City Council hereby finds, determines, and ordains as 15 follows:
16 SECTION 1. The City Council hereby specifically finds that all the facts set forth in the recitals above of this Ordinance are true and correct and incorporated herein. 17 SECTION 2 .. Amendment of the City of Rialto' s conflict of interest ordinances is 18 necessary to bring the City's conflict of interest rules in line with best practices and would bring the City into compliance with HUD's request for additional conflict of interest 19 regulations and controls.
20 SECTION 3. The City Council hereby deletes existing City of Rialto Code of Ordinances section 2.48.140 in its entirety, and replaces it with the following:
21 (a) No covered person shall participate in the making of a grant or contract by the 22 city in which the covered person has a conflicting interest. 23 (b) For purposes of this prohibition, the following definitions shall apply:
24 (1) A "covered person" includes any person who holds an elected or appointed City office, a City officer, a City employee, and any person who 25 is a consultant to the. City.
26 (2) A "conflicting interest" includes, but is not limited to, those decisions where:
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(A) A covered person holds or has held within the previous twelve months a position with a potential grant or contract recipient; 1 DocuSign ~nvelope ID: 51018568-E8FA-4130-B775-1CBC45E17CEO 1 2
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(B) A close relative of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient;
(C) 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.
(3) "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.
(4) A "close relative" includes a spouse, parent, grandparent, child, grandchild, aunt, uncle, or cousin.
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(5) "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.
( c) This prohibition shall not apply to ~ contract Jet by written competitive bid where the contract will be awarded to the person or entity who submits the lowest responsible and responsive bid.
(d) 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. (e) 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.
(f) Any person who violates this section is subject to the following:
(1) Public censure;
(2) 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;
(3) If the conflict of interest was in the making ofa 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;
( 4) An administrative fine pursuant to Chapter 1.10 of this code. (g) The discipline specified herein may be imposed:
2 DocuSign Envelope ID: 51D18568-E8FA-4130-B775-1CBC45E17CEO 1 (1) By the City Manager in the case of any employee or consultant 2 who violates this section.
3 (2) By the City Council in the case of any person who holds an elected or appointed City office, or any City officer who violates 4 this section. ·
5 SECTION 4. The City Council hereby deletes existing City of Rialto Code of 6 7
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16 Ordinances section 2.48.145 in its entirety, and replaces it with the following:
(a) 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 elected or appointed city official, 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.
1. For purposes of this prohibition, 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.
2. For purposes of this prohibition, a non-financial interest shall mean any interest that is prohibited by City of Rialto Code of Ordinances Section
2.48.140.
(b) In order to facilitate disclosure as required by this section, any such application or proposal to the City shall prominently include the following disclosure in any RFP or other solicitation document:
By submitting [this application/proposal], or supplying any goods or 17 services to the city, the [applicant/vendor/contractor/consultant] hereby attests under penalty of perjury, personally and/or on behalf of the entity 18 [submitting this application/proposal or supplying any goods or services to the city] that it/they have they no financial or non-financial interests, as 19 such terms are defined in City of Rialto Code of Ordinances Section
2.48.145, concerning any City of Rialto elected or appointed official or 20 employee, except as specifically disclosed herein.
21 SECTION 5. The Mayor shall sign the passage and adoption of the Ordinance 22 23
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28 and thereupon the same shall take effect and be in force. 3 DocuSign Envelope ID: 51D18568-E8FA-4130-B775-1CBC45E17CEO 1 PASSED, APPROVED, AND ADOPTED this 9th day of February, 2021. 2 3
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DEBORAL ___________ .,MAYOR
ATTEST:
t7o.¥1'D.Ytt a. fLl<hu.
BARBAR_ ____ ---, _______ RK
APPROVED AS TO FORM:
~l\M, 11.)MQ,
ERIC S. V/. ___ , __ . _______ CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO
CITY OF RIAL TO )
) SS
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Ordinance No. 1655 was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 9th day of February, 2021.
Upon motion of Councilmember Trujillo, seconded by Councilmember Perez, the foregoing Ordinance No. 1655 was duly passed and adopted.
Vote on the Motion:
AYES: Mayor Robertson, Mayor Pro Tern Scott, Council Member Trujillo, Carrizales and Perez
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto, this 10th day of February, 2021.
Barbara A. McGee, City Clerk
5 CONTRACTORS STATE LICENSE BOARD
0Contractor's License Detail for License # 1073145
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.
I>' CSLB complaint disclosure is restricted by law (B&P 7124.6} If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disdosable actions. ,. Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17). > Arbitrations are not listed unless the contractor fails to crimply with the terms. ~ Due to workload, there may be relevant information that has not yet been entered into the board's license database.
This license is current and active.
Data current as of7 /11/2022 10:27:17 AM
Business Information
ROADWAY ENGINEERING & CONSTRUCTION CORP
3121 INDIAN DR
PERRIS, CA 92571
Business Phone Number:(909) 717-1960
Entity Corporation
Issue Date 02/01/2021
Expire Date 02/28/2023
License Status
AU information below should be reviewed.
Classifications
> A-GENERALENGINEERING
> B-GENERAL BUILDING
Bonding Information
Contractor's Bond
.This license filed a Contractor's Bond with WESTERN SURETY COMPANY.
Bond Number: 65364303
Bond Amount: $15,000
Effective Date: Ol/20/2021
Bond of Qualifying Individual
The qualifying individual ERIC ALVAREZ cert'ified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.
Effective Date: 02/01/2021
Workers' Compensation
This license has workers compensation insurance with the EVEREST PREMIER INSURANCE COMPANY Policy Number:7600017355221
Effective Date: 03/01/2022
Expire Date: 03/01/2023
Workers' Compensation History
Other
> Personnel listed on this license (current or disassociated) are listed on other licenses. :Contractor Information
Legal Entity Name
Roadway Engineering & Construction Corp.
Legal Entity Type
Corporation
Status
! Active
Registration Number
PW-LR-1000807140
Registration effective data
07/01/22
Registration expiration date
06/30/25
Malling Address
3121 Indian Ave Perris 92571-3208 CA United States of America Physical Address
3121 Indian Ave Perris 92571-3208 CA United States of America Email Address
[email protected]
Trade Name/DBA
Llcanse Number (s)
CSL8:1073145
CSL8:1073145
1 Legal Entity Information
Corporation Entity Number:
Federal Employment Identification Number:
President Name:
Vice President Name:
Treasurer Name:
Secretary Name:
i CEOName:
Ag~ for Seivice·
Agent of Service Name:
Agent of Service Mailing Address:
Worker's Compensation
g~gi?tr~!J<?.n. tn~.!<?.!Y ____ _
C4661918
861894251
Eric Alvarez
N/A
Simonette Alvarez
Eric Alvarez
Eric Alvarez
Eric Alvarez
3121 Indian Ave. Perris 92571-3208 CA United States of America Effective Date
08/06/21
Expiration Date
06/30/22
07 /01/22 06/30/25
Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below:
PEO PEO PEO
PEO lnformationName
Insured by Carrier
Policy Holder Name:
Insurance carrier:
Policy Number:
Inception date:
Expiration Date:
Phone Email
Roadway Engineering & Construction Corp.
Everest Premier Insurance Company
7600017355221
03/01/22
03/01/23