Exhibit M
APPLICANT’S NAME:
(Submit with Application)
396342.1
LEVINE ACT DISCLOSURE STATEMENT
DEFINITIONS
Term Definition Law
Covered
Proceedings
A license, permit, or other entitlement for use , meaning all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts, and all franchises . Including a proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that does not solely involve purely ministerial decisions and is:
(1) Applied for by the party;
(2) Formally or informally requested by the party; or
(3) A contract between the agency and the party or a franchisee granted by the agency to the party, other than those competitively bid, labor contract, personal employment contract, valued under $50,000, between two or more agencies, where no party receives financial compensation, periodic review of or renewal of a development agreement with no material changes; or a periodic review or renewal of competitively bid contracts (unless material modifications or amendments valued at >10% value of the contract $50,000, whichever is less).
FPPC Reg
18438.2(a)
Party
Any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use.
Gov. Code
84308(a)(1)
Participant
Any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision. A person actively supports or opposes a part icular decision in a proceeding if that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency.
Gov. Code
84308(a)(2); see
also FPPC Reg.
18348.4
Agent
A person who represents a party or participant for compensation and appears before or otherwise communicates with the governmental agency for the purpose of influencing the pending proceeding.
See FPPC Reg 18438.3 for exceptions for certain consultants.
FPPC Reg
18438.3
Competitively
Bid
Competitively bid contracts are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process. A contract required by law to be awarded to the lowest responsible bidder with a responsive bid, or, if the successful bidder refuses or fails to execute the contract, to the next lowest responsive bidder.
Gov. Code
84308(a)(5)(B)
; FPPC Reg
18438.2(a)(3)(
A)
Labor
Contract
A contract or agreement reached through collective bargaining or with a representative group regarding the salary, benefits, or terms and conditions under an employment or retirement policy for employees or retirees, including a project labor agreement entered under Public Contract Code Section 2500.
FPPC Reg
18438.2(a)(3)(
B)
Personal
Employment
Contract
A contract for employment, including the terms and conditions of employment, between the agency and an agency employee. A contract with an independent contractor is NOT a personal employment contract.
FPPC
Reg
18438.2(a
)(3)(C)-
(D)
Additional information on the Levine Act: https://www.fppc.ca.gov/content/dam/fppc/NS- Documents/TAD/Campaign%20Documents/84308/Section%2084308%20and%20Parties%20a nd%20Participants%20Guide.pdf
BIDDER/APPLICANT’S NAME:
(Submit with Bid/Application)
LEVINE ACT DISCLOSURE STATEMENT
DEFINITIONS
Term Definition Law
Covered
"proceedings"
A license, permit, or other entitlement for use, meaning all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts, and all franchises.
Including a proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that does not solely involve purely ministerial decisions and is:
(1) Applied for by the party;
(2) Formally or informally requested by the party; or
(3) A contract between the agency and the party or a
franchisee granted by the agency to the party, other than those competitively bid, labor contract, personal
employment contract, valued under $50,000, between two
or more agencies, where no party receives financial
compensation, periodic review of or renewal of a
development agreement with no material changes; or a
periodic review or renewal of competitively bid contracts (unless material modifications or amendments valued at
>10% value of the contract $50,000, whichever is less).
FPPC Reg
18438.2(a)
Party
Any person who files an application for, or is the
subject of, a proceeding involving a license, permit, or other entitlement for use.
Gov. Code
84308(a)(1)
Agent
A person who represents a party or participant for
compensation and appears before or otherwise
communicates with the governmental agency for the
purpose of influencing the pending proceeding.
See FPPC Reg 18438.3 for exceptions for certain
consultants.
FPPC Reg 18438.3
Competitively Bid
Competitively bid contracts are required by law, agency policy, or agency rule to be awarded pursuant to a
competitive process. A contract required by law to be
awarded to the lowest responsible bidder with a
responsive bid, or, if the successful bidder refuses or fails to execute the contract, to the next lowest bidder with a
responsive bid.
Gov. Code
84308(a)(5)(B);
FPPC Reg
18438.2(a)(3)(A)
Labor Contract
A contract or agreement reached through collective
bargaining or with a representative group regarding the salary, benefits, or terms and conditions under an
employment or retirement policy for employees or
retirees, including a project labor agreement
entered under Public Contract Code Section 2500.
FPPC Reg
18438.2(a)(3)(B)
Personal
Employment
Contract
A contract for employment, including the terms and
conditions of employment, between the agency and an
agency employee. A contract with an
independent contractor is NOT a personal
employment contract.
FPPC Reg
18438.2(a)(3)(
C)-(D)
Additional information on the Levine Act: https://www.fppc.ca.gov/content/dam/fppc/NS- Documents/TAD/Campaign%20Documents/84308/Section%2084308%20and%20Parties%20a nd%20Participants%20Guide.pdf
274302.4