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GUIDELINES FOR ASSESSMENT OF PROPOSER LABOR LAW/PAYROLL VIOLATIONS COUNTY DETERMINATION Proposer Name: _____________________________________________ Contracting Department:_________________________________________________ Department Contact Person: ___________________________________ Phone:______________________________________________________ MAJOR County determination, based on the Evaluation Criteria, that proposer has a record of very serious violations.* SIGNIFICANT County determination, based on the Evaluation Criteria, that proposer has a record of significant violations.* MINOR County determination, based on the Evaluation Criteria, that proposer has a record of relatively minor violations.* INSIGNIFICANT County determination, based on the Evaluation Criteria, that proposer has a record of very minimal violations.* NONE APPENDIX M RANGE OF DEDUCTION (Deduction is taken from the maximum evaluation points available) Proposer Fully Disclosed 8 - 10% Consider investigating a finding of proposer nonresponsibility** 4 - 7% Proposer Did Not Fully Disclose 16 - 20% Consider investigating a finding of proposer nonresponsibility** 8 - 14% Consider investigating a finding of proposer nonresponsibility** 2 - 3% 4 - 6% 0 - 1% 1 - 2% 0 N/A County determination, based on the Evaluation Criteria, that proposer does not have a record of violations.* Assessment Criteria * A “Labor Law/Payroll Violation” includes violations of any Federal, State or local statute, regulation or ordinance pertaining to wages, hours, working conditions such as minimum wage, prevailing wage, living wage, the Fair Labor Standards Act, employment of minors, or unlawful employment discrimination. The County may deduct points from a proposer’s final evaluation score only for Labor Law/Payroll Violations with disposition by a public entity within the past three years of the date of the proposal. The assessment and determination of whether a violation is major, significant, minor, or insignificant and the assignment of a percentage deduction shall include, but not be limited to, consideration of the following criteria and variables: ‣ Accuracy in self-reporting by proposer ‣ Health and/or safety impact ‣ Number of occurrences ‣ Identified patterns in occurrences ‣ Dollar amount of lost/delayed wages ‣ Assessment of any fines and/or penalties by public entities ‣ Proportion to the volume and extent of services provided, e.g., number of Contracts, number of employees, number of locations, etc. ** County Code Title 2, Chapter 2.202.030 sets forth criteria for making a finding of Contractor nonresponsibility which are not limited to the above situations. 210
APPENDIX N Page 1 of 2 BACKGROUND AND RESOURCES CALIFORNIA CHARITIES REGULATION There is a keen public interest in preventing misuse of charitable contributions. California’s “Supervision of Trustees and Fundraisers for Charitable Purposes Act” regulates those raising and receiving charitable contributions. The “Nonprofit Integrity Act of 2004” (SB 1262, Chapter 919) tightened Charitable Purposes Act requirements for charitable organization administration and fundraising. The Charitable Purposes Act rules cover California public benefit corporations, unincorporated associations, and trustee entities. They may include similar foreign corporations doing business or holding property in California. Generally, an organization is subject to the registration and reporting requirements of the Charitable Purposes Act if it is a California nonprofit public benefit corporation or is tax exempt under Internal Revenue Code § 501(c)(3), and not exempt from reporting under Government Code § 12583. Most educational institutions, hospitals, cemeteries, and religious organizations are exempt from Supervision of Trustees Act requirements. Key new Charitable Purposes Act requirements affect executive compensation, fund-raising practices and documentation. Charities with over $2 million of revenues (excluding grants and service-Contract funds a governmental entity requires to be accounted for) have new audit requirements. Charities required to have audits must also establish an audit committee whose members have no material financial interest in any entity doing business with the charity. Organizations or persons that receive or raise charitable contributions are likely to be subject to the Charitable Purposes Act. A Proposer on Los Angeles County Contracts must determine if it is subject to the Charitable Purposes Act and certify either that: • It is not presently subject to the Act, but will comply if later activities make it subject, or, • If subject, it is currently in compliance. RESOURCES The following references to resources are offered to assist Proposers who engage in charitable contributions activities. Each Proposer, however, is ultimately responsible to research and determine its own legal obligations and properly complete its compliance certification (Exhibit 20). In California, supervision of charities is the responsibility of the Attorney General, whose website; http://ag.ca.gov/contains much information helpful to regulated charitable organizations. 1. LAWS AFFECTING NONPROFITS The “Supervision of Trustees and Fundraisers for Charitable Purposes Act” is found at California Government Code §§ 12580 through 12599.7. Implementing regulations are found at Title 11, California Code of Regulations, §§ 300 through 312. In California, charitable solicitations (“advertising”) are governed by Business & Professions Code §§ 17510 through 17510.95. Regulation of nonprofit corporations is found at Title 11, California Code of Regulations, §§ 999.1 through 999.5. (Amended regulations are pending.) Links to all of these rules are at: http://ag.gov/charities 211
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REQUEST FOR PROPOSALS STATEWIDE FIN
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Page 175 and 176: APPENDIX D REQUIRED FORMS STATEWIDE
Page 177 and 178: STATEWIDE FINGERPRINT IMAGING SYSTE
Page 179 and 180: RFP Appendix D, Exhibit 7-A Use thi
Page 181 and 182: RFP Appendix D, Exhibit 8 STATEWIDE
Page 183 and 184: RFP Appendix D, Exhibit 10 STATEWID
Page 185 and 186: RFP Appendix D, Exhibit 12 STATEWID
Page 187 and 188: RFP Appendix D, Exhibit 14 Medical
Page 189 and 190: RFP Appendix D, Exhibit 16 COUNTY O
Page 191 and 192: RFP Appendix D, Exhibit 18 Page 1 o
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Page 195 and 196: RFP Appendix D, Exhibit 20 TRANSITI
Page 197 and 198: APPENDIX E TRANSMITTAL FORM TO REQU
Page 199 and 200: APPENDIX G - 1 NOTICE OF INTENT TO
Page 201 and 202: APPENDIX H Vendor Name: Solicitatio
Page 203 and 204: APPENDIX J LISTING OF CONTRACTORS D
Page 205 and 206: APPENDIX K Page 2 of 5 Title 2 ADMI
Page 207 and 208: Title 2 ADMINISTRATION DETERMINATIO
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Page 213 and 214: APPENDIX O Page 1 of 3 Title 2 ADMI
Page 215: APPENDIX O Page 3 of 3 Title 2 ADMI
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