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City of Brooklyn Park <br />Request for Council Action <br />Agenda Item: 7.1 Meeting Date: May 13, 2024 <br />Originating <br />Agenda Section: General Action Items Department: Administration <br />Resolution: N/A <br />Zach Kramka, Asst to the City <br />Ordinance: SECOND READING Prepared By: Manager <br />Attachments: 1 Presented By: Zach Kramka <br />Item: Second Reading of the Prevailing Wage Ordinance <br />City Manager's Proposed Action: <br />MOTION , SECOND , TO WAIVE THE READING AND ADOPT ON <br />SECOND READING ORDINANCE #2024 ADDING CHAPTER 43 TO THE BROOKLYN PARK CITY <br />CODE, TITLE III: ADMINISTRATION, PERTAINING TO PREVAILING WAGE. <br />MOTION , SECOND , TO APPROVE THE SUMMARY OF <br />ORDINANCE #2024- DETERMINING THAT IT CLEARLY INFORMS THE PUBLIC OF THE <br />INTENT AND EFFECT OF THE ORDINANCE. <br />Overview: <br />During its June 5, 2023, work session, the City Council heard from several representatives from local organized <br />labor organizations who underscored the importance of labor protections as a deterrent to wage theft and <br />exploitation of workers. In response to the presentation, Council directed staff to develop a draft prevailing wage <br />ordinance for consideration. <br />On September 5, 2023, staff had a discussion with the City Council regarding a proposed prevailing wage <br />ordinance. After receiving feedback, it was decided to move the ordinance forward to a first reading. On October <br />23, 2023, the proposed ordinance was passed unanimously on a first reading. <br />The federal government, State of Minnesota, and several local governments across the region have instituted <br />prevailing wage requirements. Prevailing wage levels are defined at the county level by job class. Prevailing <br />wage regulations establish a price floor for wages in addition to fringe benefits that must be paid by contractors <br />and sub -contractors to their employees who are performing work on behalf of the government entity funding the <br />work. <br />The proposed ordinance would require prevailing wage on capital projects financed, in whole or in part, by City <br />and Economic Development Authority (EDA) funds of $50,000 or greater. <br />This ordinance would institute both criminal and civil penalties on covered persons found to be in violation. Any <br />covered persons in violation of the ordinance could be criminally charged with a misdemeanor offense. Civil <br />penalties for violating this ordinance include an order for restitution to be paid, contract payment withholding to <br />satisfy back wages, contract payment delay, withholding a fee equal to five percent of the entire contract price <br />to the City or the EDA as liquidated damages, or the termination of the contract with the violating party. <br />Recommended changes being proposed to the ordinance between the first and second reading are identified <br />below: <br />• Align the City and EDA spending threshold for triggering prevailing wage to $50,000. <br />