64/61/2616 15:38 CCMI D WILDER PAGE 61/42 CONTRACTOR COMPLIANCE & MONITORING, INC. WWW.ceml-tpa.com April 1,2010 Mr. Connor Schrn.eding Office of the Director Departm.ent of Industrial Relations Transmitted by Facsimile Only 415-703-5344 Re: Annual Report for Contractor Compliance and Monitoring Inc. Dear Mr. Schmeding, Contractor Compliance and Monitoring Jnc, (CeM!) is submitting its Annual Report. CCMI provides services to public agencies which do not have their own LCP approved program (thus using CCM!' s LCP) as well as contracting with public agencies to administer that agencies' LCP. I am enclosing reports ofilie following Public Entities which use CCMl's Labor Compliance Program: Bayshore Elementary School District Brannan-Andrus Levee Maintenance District Calleguas Municipal Water Distlict Casmalia Community Services District Ceres Unified School District Goleta Water District Gratton Elementary School District Juoctioll Ele01emary School District in Somes Bar Kirkwood Elementary School District City of Long Beach Los Altos School District Merced Union High School Distlict Oroville Union High School District Plum Valley School District Reclamation District #38 Reclamation District #800 Riverbank Unified School District COUllty ofSallta Cruz Departmen.t of public Works Santa Cruz County Sanitation District County of Santa Cruz Resource Conservation District Scotts Valley Unified School District Scotts Valley Water District Shasta County Office of Education Shasta Union High School Disu'ict Soquel Creek Water District 51. Helena Unified School DIstrict Surprise Valley Joint Unified School District 1
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CONTRACTOR COMPLIANCE MONITORING, INC. Reports 2009 - 2010/Contractor... · CONTRACTOR COMPLIANCE & MONITORING, INC. ... established pursuant to the federal Labor Management Cooperation
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Mr. Connor Schrn.edingOffice of the DirectorDepartm.ent of Industrial RelationsTransmitted by Facsimile Only415-703-5344
Re: Annual Report for Contractor Compliance and Monitoring Inc.
Dear Mr. Schmeding,
Contractor Compliance and Monitoring Jnc, (CeM!) is submitting its Annual Report. CCMI providesservices to public agencies which do not have their own LCP approved program (thus using CCM!'s LCP) aswell as contracting with public agencies to administer that agencies' LCP.
I am enclosing reports ofilie following Public Entities which use CCMl's Labor Compliance Program:
Bayshore Elementary School DistrictBrannan-Andrus Levee Maintenance District
Calleguas Municipal Water DistlictCasmalia Community Services DistrictCeres Unified School District
Goleta Water DistrictGratton Elementary School District
Juoctioll Ele01emary School District in Somes BarKirkwood Elementary School District
City ofLong BeachLos Altos School District
Merced Union High School DistlictOroville Union High School District
Plum Valley School DistrictReclamation District #38Reclamation District #800
Riverbank Unified School DistrictCOUllty ofSallta Cruz Departmen.t of public Works
Santa Cruz County Sanitation DistrictCounty of Santa Cruz Resource Conservation District
Scotts Valley Unified School DistrictScotts Valley Water District
Shasta County Office of EducationShasta Union High School Disu'ict
Soquel Creek Water District51. Helena Unified School DIstrict
Surprise Valley Joint Unified School District1
04/01/2010 15:38 65055155134 GGMI D WILDER PAGE 02/42
County of VenturaVentura County Resource Conservation District
Ventura County WatershedWhittier Union High School District
For your information, CCM! assists the following public agencies in implemcnting their own LCP. Thisillformation is no longer included in CCMI's annual report and will be submitted separately by the appropliateawarding body:
Hughson School DistrictLivermore Joint Unitied School District
McSwain School DistrictUlliversity of California
Should you have any further questions or comments, please feel free to contact me directly.
Sincerely,
;titrr~6'.A'z{);fJkDeborah WilderPresident
2
LABOR COMPLIANCE PROGRAM ANNUAL REPORTLCP-AR3
Fonnalfor Appro,oed Program Ihal contract. with Awarding Bodie. to provide lobar compliance enforcement
I. Name of labor Compliance Program (LCP) :
Contraclor Compliance and Monitoring, Inc.
2. LCP J.D. Number (assigned by DIR): 3. Date oflnitial Approval:
2003.00050 0311812003
4. Contllet person (include name, tille, address, telephone, fax, and e-mail, if available):
Deborah Wilder- President635 Mariners Island Blvd. #200San Mateo, CA 94404Phone: (650) 522-4403Fax: (650) 522-4402
5. List all Awarding Bodies covered by this report as well as any other Awarding Bodies with whom the LCP currenlly has a contracl to provide complianceenforcement. Ifnone, please proceed directly to item 7 and provide all requested information. Then complete the information below, and sign and submilthisform ICI DlR, Office oflbe Director, Attn: LCP Special Assistant455 Golden Gate Avenue, 10" Floor, San Francisco, CA 94102.
See attached
What suggestions do you have for lbe Department of Industrial Relations to better assist you with your program in the coming year? (attach additional sheets ifnecessary):
SlJBi\olITfED BY:
lJ~d&Y£ ~~",y, E 6 \cJ ilder. (i?AW\cha'r t='\a..d", 30 2010SignatUre Name and Title bate
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Report for lbe reporting period
LCP ANNUAL REPORT 8 CCR § 16431 ··3'" Party 'M'
6. LC § 177I.S enforcement activities (provide all infonnation requested, attaching as many sheets as necessary, and please complete septlratefo,ms fo, eachA wa,dillg Body cove,ed in this ,epo't).
Awarding Body: See attached
A. List projects handled by LCPwithin the past 12 months.
LCP-AR3
Project Name Bid Advertisement Date Prime Contractor Contract Amount
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B. Summary of all wages and penalties assessed and/or recovered.
Total ·k~~~~:i~I~&~~::~~: ~{~~":S~/:~:~~S::~'~;~;:.~. ~:~~:K:~~::·i::;'~~~'i~:~ ~·.'S;;;· ~~«·~;::tJ3·1~f.~J··~i~. {?~4.i\~~·{;~~·: :~~;::'~~:~
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Project NameAffected Contractor
(who directly employed theworker)
AmountAssessed
AmountRecovered
Approval ofForfeiture
Requested fromLabor
Commissioner?
Description ofViolation
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Total
LCP ANNUAL REPORT 8 eCR § 1M3 I •• 3'" PaJIy
I Ir Ves r No
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ExplanationAmount
RecoveredAmount AssessedProject Name
Se, e lI1:tached
C. FOl r any amount identified in item B for which approval offorfeiture not requested from the LaboT Commissioner, please explain below.
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D. Fo r any amount identified in item B for which approvaJ offorfeilUre was requested from the Labor Commissioner, please provide the following:
ntifY cases that are or were the subject of LC § J742 proceedings.
Project Name Contractor Nature of Violation ODl.Case'll Current Status
A~LL J I I ,
1'.. Ide
F. Did Iyou refer any contractor to the Labor Commissioner for debarment per LC § 1717. I?
Pleasl ~ dleek an~: rYes ,DtNo
If] (es, identifY affected contractor(s) or subcontractor(s) and dale(s) of referral: _
G. Di, :l you refer any apprenticeship violation to the Division ofApprenticeship Standards (DAS)?
P[C<15ccbedom:: JR:Yes rNo
If J 'es, identifY affected contractor(s) or subcontractor(s) and date(s) of referral: --'S"e"'e"'a"'tt"'ac"'h"'e"'d'--- _
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L CP .'u'lNUAL REPORT 8 CCR § 16431 -- 3" Party 1f11l11
LCP-AR3
7. On a separate sheet. provide a certificate of compliance with conilict of interest disclosure requirements by employees and consultants who participate inmaking governmental decisions (as defined under 2 CCR § 18701) along with the names of LCP personnel who are filing disclosure statements and the agencieswith which those statements are being filed. See attached declaration
8. Please update the following information per 8 CCR § 16426(a)(2), (3) and (5) disclosure requirement.
A. Identify Ihe geographical areas in which the program intends 10 operate and the identity of any public agencies not previously identified in this report withwhich Ihe program intends 10 contract 10 provide labor compliance enforcement.
CCMI operates Labor Compliance Programs throughout the State of Califurnia. CCMI continues to solicit and bid work with cities. school districts. water ,
districts. colleges, the University ofCaJjfornia and special districts throughoul California. ,
B. State whether the entity shares personnel, management, ownership or olher close affiliation with any of the following: (I) any contractor or subcontractor thatwithin the preceding five years has been awarded a public works contract within the geographical area in which the program operates or intends to operate or withany public agency with wbich the program has contracted or intends to contract to provide labor compliance enforcement; (2) any person or entity who has been thesurety on such a contract; (3) any joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (section175a of Tille 29 of the United States Code); or (4) any person or eutity who has represented workers employed in the same or similar classifications as thoseemployed for such a contract and who has been engaged in (i) an organizational campaign under the National Labor Relations Act with contractors competing forsuch contracts or (ii) ajurisdictional dispute with another collective bargaining representative ofworkers utilized for such contracts.
For each affiliation, please provide the name, address, telephone number, and principal contact person for the person or entity; please identi"fy shared personnel,management, and o"'nership; and ifapplicable, please provide a short description of the nature and extent ofany other close affiliation:
See attached declaration
C. Identi"fy the attoiney or law firm available to provide legal support for the LCP, and whether the persons Or firms providing that support also represeot anycoutractor, subcontractor, surety, or worker representative referred to in the preceding item.
Attomey!l..aw Finn Name (include address, contact person, and telephone number)Law Office ofOeborah Wilder635 Mariners Island Blvd. #200San Mateo.. CA 94404(650) 522-4403
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'"lCP ANNUAL REPORT 3 CCR § 16431 ··3'" Party 2000
04/01/2010 15:38 6505515584 CCMI D WILDER PAGE 07/42
2
3
State of California ))
County ofSan Mateo )
------)
ss.
4 I, Deborah E.G. Wilder, hereby declare and State:
5· I. !'am the president and majority stockholder of Contractor Compliance and Monitoring
6 Inc. (CCMI), a third party labor compliance program approved by the Department of Industrial
7 Relations. I submit this statement for the purpose of compliance wi.th Title 8 CCR Section
8 16431(5), 16426(a)(2), (3) and (5).
9 2. From November 1997 through December 5, 2005 I se.rved as a member of the Fost
10 City Council, including two terms as Mayor. Each year in approximately April, 1 filed a For
11 700 with the Fair Political Practices Committee (FPPC). In December 2005, I filed a "!eavin
12 office form 700" with the FPPC. Neither I, nor any of the officers nor employees ofCCMI ar
13 elected 0\' appointed officials. None of the officers 01' employees of CCMI participate in th
14 making of govenmlent decisions for any Public Agency within the State of CaJifomia.
15 3. CCMI conducts and intends to continue to conduct Labor Compliance programs
16 throughout all of California. As provided in our Annual Report, we provide services as far north
17 as Yreka and as far south as Chula Vista. We have 3 statewide offices located in San Mateo, San
18 Diego and in the Central Valley (Tracy). We provide LCP services to School Districts, County
19 Offices of Education, Colleges, Cities, Water Districts and the University of California. A listing
20 of all such Public Entities is listed on the attached ArulUal Reporting form and attachments.
21 4. CeMT does share office space and has a close affiliation with the Law Office of
22 Deborab Wilder. 1am the 100% owner ofthe Law Office ofDeboral1 Wilder and a 52%
23 shareholder of CCMI, However, neither CCM1, nor the Law Finllllor mysel f have been awarded
24 a public works construction contract Vllitllin the State of Califomia, has been a surety of such a
25 contract, nor been involved in the establishment of a joint labor-management committee pursuall
26 to the Federal Labor Management Cooperation Act of 1978, nor have allY of these entities
27 represented workers employed in the sanle or similar classifications of those employed for such
28 contract or the other items set forth in 16426(a)(3).
STATEMENT OF COMPLAJNCE - CONFLICT 0." INTEREST AND THIRD PARTY LCP-
04/01/2010 15:38 6505515584 CCMI D WILDER PAGE 08/42
2
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8
9
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15
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17
IS
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27
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5. I am a practicing attorIJey in the field oflabor and employment law. I have over 27
years experience in this field, including the writing of .LCPs in the early 1990s, when they were
first voluntary.l am CCMI's legal cOWlSel for its LCP and am involved in the day to day
operations of their work.
6. As an attorney, Thave made a dili.gent search of my client records and was unable to
locate any cOllstruction client who had been awarded a construction contract in any of the
Districts and entities listed above in Paragraph No.3. I have specifically avoided bidding to or
providing LCP services to any District in which clients or prior clients have been awarded or
performed public works. I have former clients who were awarded a public contract: 6 years ago
with the San Luis Obispo School District, another with the Fremont Unified School District 7
years ago, and a third COlltractor with the Los Angeles Unified School DjSluct about 7 years ago.
Finally, I represent a contractor who performed work and still performs work witll the Elk Grove
School District. However, CCMI has never bid or performed Labor COmpliaJ.lce Work for any
of these Districts.
I have read the foregoing declaration consisting of this page and two others and state
wlder penalty of peJjury that the information contained herein is true and correct to the best of
my knowledge, information and beHef. Executed on April 1. 2010 in San Mateo, California.
&4(;-A0.p-d4~Deborah E.G. Wilder
STATEMENT OF COMPLAINCE - CONFLICT OF INTEREST AND rnrR.D PARTY LCP - 2
ArnountAssossed AmoumRecoven!d
Bld Total i ~ ~ !i -< ! ~..
Public Agency PraJed Adv.ertisement Prime Contractor Affected Contraclor Construction ., !l ~ ~ IiDate Cost ~ 0 ~ w : 0 w~
'COOlractorCompfallc2 and Monitoring, Inc. WS5 ""aiReIl!I byO~ll¢ Ullion :High scr.ool Dislticl to came ill and ccmplele1Jleir lsbot Ccmpll=tnce Program requiremen.1s attar Harr'03 & A$$OCiala.s 50&1 tMirUW party lCP 3FF'f'O'18t. In some-instances. the f',,)
pcq.eds had aJread'J been complEilad and lhe stllLlllCcllimltatIons had expired. Wevsed 01.<1' beSo1 etfort3 tc.wrify th5t: llioulsl9f'llff1gwages weta paid. but we did nat assess geoallas 1II1t10$<! instarlOl!3.
Nollh;fcrk of the MOlo:elumnal San R1ftfael Rock San Rafaei Rock IReclamation Oi9tf.a 36 Rfller 1214r'2lJOS Quarry. Inc. Ql,sJrry,lr.e. $185,OOo.CO I $106.201 $100,001 I ~,I)GI $2Q6.2Ql_$.l.11.201 :$100.CO
Amount A5s83lIlId Amount RKOVIlr'!d
$O.OOJ $211.10
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~~;itiTotalPrime COfttrlclor I AffecteCl Contral:tor IConstrUcUon
'''''''I""""'''Un",""", I".'""""",,,,o·C"I', I " I ' , I I IiSciloalCfS'lrkt RocIR-eteG"F1Ia5:ell 4I22t2DC8ICitlee.cecp ICaI!ecCorp 394.360.00 SO.J8 :NIO.GOI 50.GOI 300.3B 14.89 200.00 50.1101 324.69
I~~~:.;V~p.{=~~~::;~~t~~~:~:~~~rA~1~;~fift£.r'~~:~·I&In~~:;~H:t~~fi/.f~~0r~~t~:~~·~~r~;1~~~~~}~1::~~~~;~~;:~~~L:f:fr(:.:·1..:{f~}~r~·f~~~;:'3~?:~\:.Y)?~~~r:~~:;';~:lr~::'V;::;~~~_~~j. . . leob'Io',.OOJl I I I I I I 1 I
Apprenticeshio Violations Referred to Division of Aoorenticeship Slandards Amount AssDssed
~~•D 1!' ~1!' • ..a ;;
D if g g ~BidAffecled Date
Total 1~ .i il 0
Public Agency Project Ad'Iertisement Prime Contractor Construction a~ ~ ;:~ OtherContractor Filed 0;-i5: l; c~
Cate Cost ,.,a" D g30 ..• .. ,
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11 n0
County of Sa.lo CruzResource COllServation Lower De Laveaga ServiceDistrict Rood (Crossing 112) 812412009 Go Native, Inc. Go Native. Inc. 2125/10 74,036.00 X