Request #7393
December 10, 2021
When replying, please refer to case #18-587830
City Of Garden Grove
City Clerk
City Of Garden Grove
11222 Acacia Pkwy Fl2 City Clerks Confer
Garden Grove, Ca 92840-5208
Project:
Water Service Line Replacement & Improvement - Phase Ii
Garden Grove Ca 92840
General Contractor:
Big Ben Inc
4790 Irvine Blvd #105
Orange
Irvine, Ca 92620
License #: 774444
Dear Sir/Madam:
This is a formal request from the Center for Contract Compliance for copies of the above noted general contractor’s certified payroll records from all work performed and fringe benefit statement. Please note the Division of Labor Standards Enforcement’s (DIR) Electronic Certified Payroll Reporting (E-CPR) system has not replaced an awarding body’s duty to provide payroll records pursuant to Labor Code §1776(b)(3).
After reviewing the DIR’s E-CPR system, these records were not available or have been redacted beyond the statutory threshold provided to Joint-Labor Management Committees pursuant to Labor Code §1776(e). As a Joint Labor-Management Committee, any records provided to the Center for Contract Compliance shall include the workers’ name and address.
Our office will gladly comply with California Code of Regulations §16402, which states the “cost of preparation to each contractor, subcontractor, or public entity . . . shall be $1 for the first page of the payroll record and 25 cents for each page thereafter, plus $10 to the contractor or subcontractor for handling costs.”
Pursuant to Labor Code §1776(h), the contractor has 10 days to comply with this request or is subject to a $100 per calendar day penalty, for each worker, until the records are properly submitted. These penalties are payable to the awarding body or the state. We urge collecting these penalties to replenish agency funds and ensure fair and responsible contracting. In addition, the contractor is subject to debarment from public works contracting provided by Labor Code §1771.1(c). If needed, the contractor can download the payroll reporting form and fringe benefit statement from the DLSE’s website at: www.dir.ca.gov/Public-Works/Resources.htm.
Gus Garcia
Correspondence
Attached document(s)
Request for Public Records – City of Garden Grove Notice of Extension
The City of Garden Grove has received your records request dated December 10, 2021, Request #7393. The City’s intent is to comply with your request for public records, pursuant to the California Public Records Act (the “Act”) (Government Code §6250 et seq.).
The City is in the process of evaluating this request and is compiling records in an effort to make a determination as to whether the request seeks copies of disclosable public records in the possession of the City of Garden Grove. However, notice is hereby given that the time limit to make this initial determination under the code shall be extended by fourteen (14) days to January 4, 2021, pursuant to Government Code §6253, for the following reason:
(a) The extension of time is reasonable and necessary for the proper processing of the request.
As noted above, the City’s written determination as to whether the request seeks copies of disclosable, non-exempt and non-privileged public records in the possession of the agency shall be sent to you on or about January 4, 2021. Pursuant to the Act, thereafter any and all disclosable, non-exempt and non-privileged public records that are deemed responsive to your request will be made promptly available to you.
Sincerely,
City Clerk’s Office
City of Garden Grove
Due date extended to: Tuesday, January 04, 2022