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6.D. - Page 56 of 170 Request for Qualifications: General Park Building Construction, Retrofit, Maintenance, and/or Repairs LIVING WAGE ORDINANCE STATUTORY EXEMPTIONS Living Wage Ordinance (LWO) statutory exemptions are now divided into the following three categories: 1. Exemptions that do not require approval from the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance (OCC). 2. Exemptions that do not require OCC approval but require a Contractor Certification of Exemption. 3. Exemptions that require submission of an Application for Exemption and OCC approval of the Application. 1. The following exemptions do not require OCC approval or any Contractor Certification: Departments only need to indicate the exemption in the appropriate category on the LWO Departmental Determination of Coverage Form. a. Less than three (3) months OR less than Twenty -Five Thousand Dollars ($25,000.00) (LAAO 10.37.10)). Service contracts or Authority for Expenditures that do not meet these thresholds are not covered by the LWO. b. Other governmental entities (LAAC 10.37.1(8)). Agreements with other governmental entities such as Los Angeles County, the State of California, or the University of California, are not covered by the LWO. Subcontractors to these entities are also not covered by the LWO. c. Purchase of goods, property, or the leasing of property, with the City as lessee (LAAC 10.37.1(j)). Such contracts are categorically exempt from the LWO unless they include a service component that is more than just incidental (regular and recurring services is required). Examples of such categorically exempt contracts include contracts to purchase office supplies or to lease space to be occupied by City departments. d. Construction contracts, not conforming to the definition of a service contract (LAAC 10.37.1(j)). Such contracts are categorically exempt from the LWO. Examples include construction of buildings and infrastructure. e. City financial assistance not meeting thresholds (LAAC 10.37.1(c)). Agreements to provide a contractor with City financial assistance (which typically mean grants or loans provided at interest rates that are lower than the Applicable Federal Rate) are categorically exempt from the LWO if they meet both of the following: (1) The assistance given in a twelve (12) month period is below One Million Dollars ($1,000,000.00) AND less than One Hundred Thousand Dollars ($100,000.00) per year. (2) The assistance is not for economic development or job growth. f. Business Improvement Districts (BID) (LWO Regulation #11). Service agreements are categorically exempt from the LWO if the services are funded with the BID's assessment money collected by the City after the formation of the BID. Service contracts in which City money is used to hire firms to help in forming the BID remain subject to the LWO unless the contractor otherwise qualifies for an exemption. 2. The following exemption categories do not require OCC approval but the contractor must still submit a Contractor Certification of Exemption from Living Wage (OCC/LW-13). No OCC approval is required for the exemption to be valid. However, the department must include the Contractor Certification of Exemption with the contract. a. 501(c)(3) Non-profit organizations (LAAC 10.37.1(g)): Employers (contractors, subcontractors, financial assistance recipients) organized under IRS Code Section 501(c)(3) are exempt from the LWO if the hourly wage IMPORTANT — RESPONDERS MUST SUBMIT ALL REQUIRED FORMS (COMPLETELY FILLED OUT) BY RFQ SUBMITTAL DEADLINE. Page 50 of 103 139