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:
Wide Ramifications Board Meeting Date: 11/ 26/ 13
Affected Commissioner District( s) #: Board Meeting Date:
SUBJECT: Proposed Ramsey County Prevailing Wage Ordinance —Public Hearing
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.
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
1) Proposed Schedule of Events
2) Proposed Ramsey County Prevailing Wage Ordinance
3) Affidavit of Publication - Public Hearing Notice
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
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
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
8 The Board of Commissioners of the County of Ramsey does ordain:
11 SECTION 1 — TITLE; PURPOSE; AUTHORITY; AND SUPERSEDING EFFECT
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
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.
42 SECTION 2 —DEFINITIONS
43 A. Definitions.
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.
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.
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
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.
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.
81 6) Department means the department or office of the County designated by
82 the County Manager to undertake a Project or utilize Services.
84 7) Hourly basic rate means the hourly rate of wages paid to any employee.
86 8) Prevailing Hours of Labor means not more than eight hours per day or
87 more than 40 hours per week.
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
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.
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.
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.
115 12) Services means private security services, custodial services and vehicle
116 towing services provided to the County.
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.
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.
155 2) Prevailing Wage Required. All Covered Persons must pay workers or
156 be paid at a minimum, the Prevailing Wage Rate.
3) Hours of Labor. All laborers, mechanics or workers
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.
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
173 benefits, pension benefits, and any other economic benefit.
175 5) Trucking.
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.
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.
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
196 Statement of Compliance Forms and report forms approved by the
199 6) Compliance Investigations and Enforcement.
201 a. The Compliance Officer will investigate all complaints and monitor
202 compliance upon receipt of a complaint regarding violations of this
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.
c. Either the designated Project or Services Manager or the
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.
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.
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.
8) Wage Violations; Civil Enforcement; Criminal
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.
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.
254 9) No Conflict with Related Federal, State, County or Municipal Laws,
Ordinances and Policies. Except as otherwise stated herein, no
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.
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.
270 This Ordinance shall take effect and be in force ninety (90) days following its passage,
271 approval and publication.
Affidavit ® Publication
State of Minnesota
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
R AM4F. (`01 TK TY RF. [
Y and has full knowledge of the facts which are
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
which is attached was cut from the columns of said newspaper, and was printed and published once each
for 1 it was first published V_
the day of
week, successive weeks; onr,
NOVEMBER, 20 13 , and was thereafter printed and published on every to and
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:
BY: 0" NU em.
Subscribed and sworn to before me on TITLE LEGAL COORDINATOR
thi day of
Alphabet should be in the same size and kind of type as the notice.
MN YA R. WHfTEHEAD
Notary Public- lnnesota
Lowest classified rate paid by
Jm st, zo7b
25.00 per col. inch
commercial users for comparable space ................................ ............................... $
2) Maximum rate allowed by law for the above matter .............. ............................... 25. 00
$ per col. inch
for the per col. inch
3) Rate actually charged above matter ........................... ............................... $