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.
Relationship Between the
Name of Your Organization's Name of City Elected or Two Affected Member, Employee, Appointed Official, City
Paid or Unpaid Officer, Paid or Officer, a City Employee or Unpaid Director, or Owner Consultant
By submitting this lapplication/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 o he entity [submitting this application/proposal or supplying any goods or services to the City] that no City of Rialt 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: Cherish gonzales
Title:
en 10/27/2022
Signature: Date:
Form Date 11/11/2021
DocuSign Envelape ID: 51D18588-E8FA-4130-B775-1CBC45E17CE0 1 ORDINANCE NO. 1655
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2.48.140) AND CONFLICT OF INTEREST DISCLOSURE ORDINANCE 4 (CITY ÓF RIALTO CODE OF ORDINANCES SECTION 2.48.145). 5 concer rised to i ly 2012, prograpending a id spitaly wit literatest 6 CDBG grants; and
7 WHEREAS, subsequent review of the City's conflict of interest ordinances an ternal controls process identified several issues with these ordinances and processes; an 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 15 NOW, THEREFORE, the City Council hereby finds, determines, and ordains as 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 Dong the Crying the is i sees for adi nal confie or interes would 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:
22 a) No covered person shall participate in the making of a grant or contract by the ity in which the covered person has a conflicting interest (b) For purposes of this prohibition, the following definitions shall apply:
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26 «he "conflicting interest includes, but is not limited to, those decisions 27 28 (A) A covered person holds or has held within the previous twelve months a position with a potential grant or contract recipient 1 •
DocuSign Envelope ID: 51D18568-E8FA-4130-B775-1CBC45E17CEO 1 (B) A close relative of a covered person holds or has held within the 2 previous twelve months a position with a grant or contract 3 (C) A close relative of the spouse or domestic partner of a covered erson holds or has held within the previous twelve months 4 osition with a grant or contract recipien
5 (4) A "close relative" includes a spouse, parent, grandparent, child, grandchild, aunt, uncle, or cousin.
8 (5) "Participate in the making of a grant or contract" includes participation in: drafting a solicitation or contract; negotiating, voting on, approving, or 10 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.
11 (0) Te therit will a ardey to contra or by ten competine lowest responsible and responsive bid
13 14 (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 15 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 16 request and the City Manager's response shall be provided to the City Council rior to any vote to approve the contract or grant, or if City Council approval is no 17 equired, at least five days before the contract or grant is approved. The reques and the City Manager's response shall be considered a public record. 18 (e) The prohibitions in this section are in addition to any applicable federal or state 19 090, and Government Code section 87100 et seg onflict of interest laws, including but not limited to Government Code sectio 20 (1) Any person who violates this section is subject to the following:
(1) Public censure;
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24 27 (4) An administrative fine pursuant to Chapter 1.10 of this code. 28 (g) The discipline specified herein may be imposed:
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DocuSign Envelope ID: 51D18568-EBFA-4130-B775-1CBC45E17CE0 1 2 (1) By the City Manager in the case of any employee or consultant who violates this section.
3 2) By the City Council in the case of any person who holds ar lected or appointed City office, or any City officer who violate:
4 this section.
5 SECTION 4. The City Council hereby deletes existing City of Rialto Code of Ordinances section 2.48.145 in its entirety, and replaces it with the following:
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12 2 For pros pre thie by city or ato Cod of ordinances Sectiony 14 15 (b) In order to facilitate disclosure as required by this section, any such application or proposal t shielation al ument ntly include the following disclosure in any 16 17 By submitting [this application/proposal], or supplying any goods or services to the city, the [applicant/vendor/contractor/consultant] herebs 18 19
20 21 SECTION 5. The Mayor shall sign the passage and adoption of the Ordinance and thereupon the same shall take effect and be in force. 22 23
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28 DocuSign Envelope ID: 51D18568-E8FA-4130-B775-1CBC45E17CE0 1 PASSED, APPROVED, AND ADOPTED this 9th day of February, 2021. 2 3
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6 7 DEBORAL..... MAYOR
ATTEST:
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10 Barbara A. MuGu
BARBAR ... _ .... ___RK
11 APPROVED AS TO FORM:
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14 Eric Vail
ERIC S. VI... -- -__. CITY ATTORNEY
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DocuSign Envelope ID: 51D18568-E8FA-4130-B775-1CBC45E17CE0 1 STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ) S5
3 CITY OF RIALTO )
4 I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the 5 foregoing Ordinance No. 1655 was duly passed and adopted at a regular meeting of the 6 City Council of the City of Rialto held on the 9th day of February, 2021. 7 Upon motion of Councilmember Trujillo, seconded by Councilmember Perez, the foregoing Ordinance No. 1655 was duly passed and adopted.
Vote on the Motion:
9 AYES: Mayor Robertson, Mayor Pro Tem Scott, Council Member Trujillo, 10 Carrizales and Perez
11 NOES: None
12 ABSENT: None
IN WIINESS WHEREOF, I have hereunto set my hand and the Official Scal of 14 the City of Rialto, this 10th day of February, 2021. 15 16
Barbara 1. MuGu
Barbara A. Mclice, City Clerk
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