PrevailingWage_ordinance

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					                   REQUEST FOR RAMSEY COUNTY BOARD ACTION




Type   of Agenda:
                                Policy                      Consent                           Public Hearing
                                Administrative              Information                       Ordinance


Requesting Department: Ramsey County Attorney' s Office

Committee:                                                                      Meeting Date:
Committee:                                                                      Meeting Date:

County -
       Wide Ramifications                                                       Board Meeting Date: 11/ 26/ 13
   or

Affected Commissioner District( s) #:                                           Board Meeting Date:


SUBJECT:         Proposed     Ramsey County Prevailing Wage        Ordinance —Public     Hearing


EXECUTIVE SUMMARY


The   Ramsey County      Home Rule Charter ( the " Home Rule Charter ") states     that every proposed Ordinance shall
receive   two   readings -   the first reading at the time the ordinance is presented, and the second reading at the time
of the public hearing as required by law. The full reading of a proposed Ordinance may be waived if a copy of
the proposed Ordinance is supplied to each member of the County Board prior to its introduction.

The Home Rule Charter further provides that at the first reading, or the waiver thereof, a date will be set for the
public hearing which shall be held no sooner than ten ( 10) days after the date of the first reading or its waiver.




ACTION REQUESTED


Conduct a public hearing to afford an opportunity for public comment on the proposed Ramsey County
Prevailing   Wage Ordinance.
SUBJECT: Proposed Ramsey         County Prevailing   Wage Ordinance —Public   Hearing


ATTACHMENTS:


1)   Proposed Schedule of Events
2)   Proposed Ramsey County Prevailing Wage Ordinance
3)   Affidavit of Publication - Public Hearing Notice


PREVIOUS ACTION:


     1) The first reading of the Ordinance was waived on November 5, 2013.
     2) The November 26, 2013 public hearing date was approved on November 5, 2013.

COUNTY MANAGER COMMENTS:


     The Ramsey County Home Rule Charter requires that every public hearing that is held regarding a proposed
     Ordinance be held no sooner than ten ( 10) days after the date of its first reading or its waiver. The first
     reading of this Ordinance was waived and this public hearing was approved on November 5, 2013.
SUBJECT. • Proposed Ramsey              County Prevailing      Wage Ordinance —Public   Hearing



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                           PROPOSED SCHEDULE OF EVENTS
                     RAMSEY COUNTY PREVAILING WAGE ORDINANCE


Estimated Date            Event


November 5, 2013          First Reading of Ordinance (or waiving thereof)
                          Setting date for Public Hearing (No sooner than ten ( 10) days after first
                          reading)


November 26, 2013         Public Hearing
                          Second Reading (or waiving thereof)

December 3, 2013          Approval of Ordinance



Deee   ber-20 2013        Publication of Ordinance
By December 27, 2013 (     Ordinance Becomes Effective 90 days after Publication)


March 2927 2014           Ordinance takes effect




                                                a-.
 I                           An   ordinance     requiring      the establishment of a
 2                           prevailing    wage       rate   as   defined in Minnesota
 3                           Statutes, Section 177.41 to 177.44, as amended from
 4                           time to time, as the minimum standard for wages paid
 5                           to all workers working on Projects and providing
 6                           Services as those terms are defined herein
 7
 8   The Board of Commissioners of the County of Ramsey does ordain:
 9
10
11   SECTION 1 — TITLE; PURPOSE; AUTHORITY; AND SUPERSEDING EFFECT
12

13      A. Title. This Ordinance shall be known and may be cited as the " Ramsey County
14         Prevailing Wage Ordinance."
15      B. Purpose.

16           1)   Whereas,     since 1977 Ramsey County has maintained a prevailing wage
17                policy that is required to be included in all solicitations for bids on contracts for
18                the purchase of labor and materials only; and
19           2)   Whereas, it is the intent and objective of Ramsey County that Projects and
20                Services as those terms are defined herein, be constructed, maintained and
21                provided by the highest quality labor that is reasonably available and that
22                persons                 on   such     Projects   or   providing   such   Services   be
                             working
23                compensated according to the real and equitable value of the services they
24                perform; and

25           3)   Whereas, it is the purpose of this Ordinance that the values reflected in the
26                longstanding prevailing wage policy of Ramsey County be codified to require
27                among other things that the hourly wages paid to workers on Projects and for
28                Services as defined herein not be less than the prevailing hourly wage rates
29                established by Minnesota Statutes, Sections 177.41 to 177.44, as amended
30                from time to time.

31      C. Authority. This Ordinance is enacted pursuant to the powers granted to Ramsey
32           County    under   Minnesota Statutes, Sections 375. 51, 471. 345, Subdivision 7, the
33           Home Rule Charter for Ramsey County, and other applicable state laws as they
34           may be amended from time to time.
35      D.   Superseding Effect of Ramsey County Prevailing Wage Ordinance. This
36           Ordinance shall supersede Section 5. 10.57 of the Ramsey County Administrative
37           Code and Ramsey County Board Resolution No. 77 -93, adopted on January 17,
38           1977 pertaining to prevailing wages.
i•


 o


41
42   SECTION 2 —DEFINITIONS

43        A. Definitions.
44
45           1)    Apprenticeship Program means a bona fide apprenticeship program
46                 registered    with   the   U. S.    Department of Labor or recognized by a
47                 governmental agency of the State of Minnesota.
48
49           2)    Certified Payroll Records means payroll records fumished under oath
50                 subject to penalty of perjury as provided by Minnesota Statute, Section
51                 609.48, signed by an owner or officer of an employer and provided to the
52                 County department named in the contract no more than fourteen ( 14)
53                 days after the end of each pay period including a certified payroll report
54                 with respect to the wages and benefits paid each employee during the
55                 preceding week specifying for each employee: name; identifying number;
56                 prevailing wage master job classification; hours worked each day; total
57                 hours; rate of pay; gross amount earned; each deduction for taxes; total
58                 deductions;    net   pay for       week;   dollars contributed per hour. for each
59                 benefit,   including name and address of administrator; benefit account
60                 number;      and   telephone       number   for health   and   welfare,   vacation   or

61                 holiday, apprenticeship training, pension, and other benefit programs.
62
63           3)    County means collectively Ramsey County, a home rule charter county
64                 and political subdivision of the State of Minnesota together with its
                                 Railroad                         its   Housing   and   Redevelopment
65                 Regional                   Authority     and

66                 Authority, both of which are political subdivisions of the State of
67                 Minnesota.
68
69           4)    Compliance Officer means those persons employed or authorized by the
70                 Ramsey County Attorney's Office to investigate complaints pertaining to
71                 this Ordinance on behalf of the County.
72
73            5)   Covered Persons means contractors, subcontractors, vendors, suppliers,
74                 holders of interests in real property, agents, or other persons regardless
75                 of the form of business entity used by the Covered Person, including but
76                 not limited to individuals, sole proprietorships and independent
77                 contractors, contracting directly with the County with respect to Projects
78                 or for Services or subcontracting to perform all or part of the work on
79                 such Projects or to perform such Services.
80
81            6)   Department means the department or office of the County designated by
82                 the County Manager to undertake a Project or utilize Services.
83
84            7)   Hourly basic rate means the hourly rate of wages paid to any employee.
85
86            8)   Prevailing Hours of Labor means not more than eight hours per day or
87                 more than 40 hours per week.

                                                        2
 88
89    9)   Prevailing Wage Rate shall have the meaning contained in Minnesota
90         Statute, Section 177.42, Subd. 6, as determined from time to time by the
91         Minnesota Department of Labor and Industry for the area where the
92         Project is located or where the Services are provided. The Minnesota
93         Department of Labor and Industry shall determine the prevailing wage
94         rate   in   accordance with     Minnesota Statutes, Sections 177.41 - 177.44, as
95         amended from time to time, and applicable rules promulgated thereto,
96         including but not limited to Minnesota Rules 5200. 1000 - 5200. 1120, as
97         amended from time to time. In those instances where the Minnesota
98         Department of Labor and Industry has not certified and published as
99                         a   rate   of   wages    and   benefits   for   a   particular   work
           prevailing
100        classification, the minimum wage and benefit rate per hour to be paid for
101        such work classification means the union wage and benefit rate in the
102        locality of the Project or for Services as the case may be for such
103        classification over which the union has jurisdiction.
104
105   10) Project means any construction, demolition, excavation, remodelling, or
106       repair on any roads, bridges, sewers, streets, alleys, parks, parkways,
107        buildings, removal of public nuisances or any other improvement made
108        to public or private property.
109
110   11) Project or Services Manager means the Department that is responsible
111        for managing and administering the contract for a Project or Services
112        including, but not limited to, monitoring compliance with this Ordinance
113        on behalf of the County.
114
115   12) Services means private security services, custodial services and vehicle
116        towing services provided to the County.
117
118   13) Volunteer Program means a program recognized in a contract with the
119        County and a Covered Person and approved by the County Manager, in
120        which persons will volunteer their time working on a Project or providing
121        Services. For purposes of this definition, the term 'Volunteer' shall mean
122        persons who freely and without intimidation or coercion provide labor or
123        services without expectation of monetary compensation.

124

125

126


127

128

129


                                                3
130   SECTION 3 — REQUIREMENTS

131        A. Application.

132           Except    as otherwise provided       below in Section 3 A. 1),       this Ordinance
133           applies to all contracts with Covered Persons in which the County is a
134           contracting party: ( i) with respect to Projects with an estimated total
135           completion cost over twenty -   five thousand dollars ($ 25, 000.00) and where
136           the County will provide any financial assistance or payment, including but not
137           limited to contract payments, grants, loans, loan guarantees, tax increment
138           financing, tax abatements, tax credits, lease payments, loan payments,
139           contract for deed payments or revenue from bonds; and ( ii) for Services with
140           an anticipated contract value over $25,000.00. This Ordinance also applies
141           to all Covered Persons, including subcontractors, performing work.on a
142           Project as described above in Section 3A(i) or under a contract for Services
143           as described in Section 3A(ii) even if they do not have a direct agreement
144           with the County.
145           1)   Exceptions. This Ordinance does not apply to: a) apprentices working
146                on Projects or providing Services pursuant to a bona fide registered
147                Apprenticeship Program for work performed in his or her trade. A trainee
148                and a helper are not exempt under this provision; the Covered Person
149                must assign the trainee or helper a job classification that is the "same or
150                most similar" to the work being performed and compensate the trainee
151                or helper for the actual work performed regardless of the trainee's or
152                helper's skill; or b) that portion only of Projects or Services where the
153                work is performed or provided pursuant to a Volunteer Program.
154
155           2)   Prevailing Wage Required. All Covered Persons must pay workers or
156                be paid at a minimum, the Prevailing Wage Rate.
157
              3)                      Hours   of   Labor.    All   laborers,       mechanics   or   workers
158                Prevailing
159                employed directly by a Covered Person to perform work on a Project or
160                provide Services may not work more hours than the Prevailing Hours of
161                Labor, unless paid for all hours in excess of the Prevailing Hours at a
162                rate of at least one and one -half ( 1 - 1/ 2) times the prevailing hourly basic
163                rate of pay.
164
165           4)   Notice.      All   Covered      Persons   must     post     a    notice describing the
166                applicable Prevailing Wage rates in at least one conspicuous place
167                located on the Project site or the site where Services are performed to
168                be determined by the Project or Services Manager for the duration of the
169                Project or the contract for Services. The posted information contained in
170                the notice which must be approved by the Project or Services Manager
171                must include at a minimum a breakdown of the hourly basic rates of pay
                         well   as    contributions   for health     and     welfare    benefits,   vacation
172                as

173                benefits, pension benefits, and any other economic benefit.
174
                                                       4
175     5)   Trucking.
176
177           a.    For the purposes of this Ordinance, the payment of prevailing wage
178                 and /or truck rental rates is required for work performed for Projects
179                 or Services and shall not be less than the rates and standards set
180                 forth in Minnesota Statutes, Sections 177.41 - 177.44 and Minnesota
181                 Rules 5200. 1000 to 5200. 1120, as they may be amended from time
182                 to time.
183 '
184           b.    A Covered Person acquiring trucking services from an Independent
185                 Truck Owner, Multiple Truck Owner, or Truck Broker to perform or
186                 provide covered hauling activities shall comply with the payment of
187                 the certified State of Minnesota truck rental rates.
188
189           c.A Covered Person who uses trucking services as part of its work
190                 performed on Projects or provided for Services shall submit on its
191                 behalf and on behalf of all its subcontractors a Month -End Trucking
192                 Report and Statement of Compliance Form along with each
193                 Independent Truck Owner, Multiple Truck Owner, and Truck Broker
194                 report to the County's designated Project or Services Manager. The
195                 Covered       Person   must     use      Trucking Report and
                                                          Month -End
196                 Statement of Compliance Forms and report forms approved by the
197                 County.
198
199     6) Compliance Investigations and Enforcement.
200
201            a.   The Compliance Officer will investigate all complaints and monitor
202                 compliance upon receipt of a complaint regarding violations of this
203                 Ordinance.
204
205            b.   All   Covered    Persons must fumish copies of Certified Payroll
206                 Records for all work performed on a Project or for Services no later
207                 than fourteen ( 14) calendar days after each pay period to the
208                 designated Project or Services Manager.
209
               c. Either    the    designated       Project   or   Services   Manager   or   the
210
211                 Compliance Officer may request additional records reasonably
212                 required to monitor compliance or investigate complaints regarding
213                 this Ordinance. Upon request made by the designated Project or
214                 Services Manager or Compliance Officer, all Covered Persons shall
215                 promptly provide additional records reasonably required to monitor
216                 compliance with this Ordinance.
217
218            d.   All Covered Persons shall permit the Compliance Officer physical
219                 access to the site where the Project is located or where the
220                 Services are being provided at any time for the exclusive purpose
221                 of monitoring compliance with this Ordinance.
                                                5
222
223   7) Bid       Specifications            and    Contract          Terms.      The      requirements          and

224         obligations contained in this Ordinance are deemed to be incorporated
225         into the bid specifications and requests for bids or proposals for all
226         Projects and Services and are material and binding terms and conditions
227         of all contracts and subcontracts for Projects and Services.
228
229
      8)                       Wage          Violations;             Civil     Enforcement;             Criminal
230        Prevailing
231         Enforcement.
232
233           a.   Civil Enforcement — In addition to pursuit of criminal sanctions as
234                provided in Section 8 ( b) of this Ordinance, a violation of this

235                Ordinance,       may result in the County undertaking the following
236                actions: (   i) seeking injunctive relief to compel specific performance
237                of    the   requirements         contained         in this Ordinance; ( ii) withholding
238                funds owed by the County to the violating party pursuant to an
239                agreement in sufficient amounts to fully remedy and satisfy the
240                violation    together      with   the withholding           of a    fee     equal   to five ( 5)
241                percent of the entire contract price to the County as liquidated
242                damages; ( iii) termination            of   the   contract with     the violating party; ( iv)
243                the debarment of the violating party pursuant to Ramsey County
244                ordinance.   None of the foregoing remedies are intended to be
245                exclusive of any other remedy, but each is in addition to every other
246                remedy listed above or otherwise available.
247
248           b.   Criminal      Enforcement —Any Covered Person who violates the
249                provisions of this Ordinance shall be guilty of a misdemeanor that is
250                punishable       by   a   fine   of not more        than $ 1, 000. 00, or imprisonment
251                for not more than ninety (90) days, or both. Each day a violation of
252                this Ordinance continues is a separate offense.
253
254   9)    No Conflict with Related Federal, State, County or Municipal Laws,
            Ordinances          and      Policies.        Except      as     otherwise     stated      herein,    no
255
256         provision of this Ordinance is intended nor shall be construed as being in
257         conflict with   any Federal, State of Minnesota, Ramsey County or
258         municipal laws, ordinances, rules, regulations or policies related to the
259          matters to be regulated herein. Further, the obligations and requirements
260         contained in this Ordinance shall be deemed to be in addition to the
261         obligations and requirements contained in any such federal, state, county
262         or municipal laws, ordinances, rules or regulations.
263
264        10) Severability. If any provision or application of this chapter is declared
265           illegal,   invalid,   or    inoperative, in            whole   or   in   part,   by any court of
266           competent jurisdiction, the remaining provisions and portions thereof
267           and applications not declared illegal, invalid, or inoperative shall remain
268           in force or effect.

                                                     66
269

270   This Ordinance shall take effect and be in force ninety (90) days following its passage,
271   approval and publication.


272
                                                                                                          aA_
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                                                  f
                                       Affidavit ® Publication

State   of   Minnesota
                               SS
County of Ramsey
                     ANNE THILLEN ,                                                                      being duly swom, on oath, says that
he /she is the publisher or authorized agent and employee of the publisher of the newspaper known
as                           V RW
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              Y                                                                              and has full knowledge of the facts which are

stated below:



         A)     The newspaper has complied with all of the requirements constituting qualification as a qualified

newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
                      printedPUBLIC             HEARING NOTICE
         B)     The

which is attached was cut from the columns of said newspaper, and was printed and published once each
                                                                                                                                      13TH


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                                                                                                                           the                       day of
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including ,                               the                    day    of ,                              20____;   and printed below is a copy of

the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
Wind of type used in the composition and publication of the notice:
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                                                                                     BY:        0"         NU    em.
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                              NOVEMBER                          13
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                     MN YA R. WHfTEHEAD

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                                                                     RATE INFORMATION



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