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15136 Prevailing Wage Option 2ORDINANCE NO. 15136 AN ORDINANCE, repealing Ordinance No. 14624, as adopted March 16, 2017, and enacting a new ordinance in lieu thereof establishing a new policy, in compliance with Ordinance No. 14624, for the use of prevailing wage requirements for District purchases. WHEREAS, legislation (HB1729) passed by the Missouri General Assembly and signed by the Governor became effective August 28, 2018; and WHEREAS, as of August 28, 2018 MSD has been complying with Ordinance No. 14624 which required: • On MSD Improvement Projects - MSD will continue to use the Missouri State Prevailing Wage Law as found at RSMo. §290.210 to meet its Charter prevailing wage requirement unless a different Prevailing Wage standard is required by a specific outside funding source (such as, but not limited to, Davis-Bacon for federally funded projects). • On MSD Non-improvement Projects - MSD will continue to follow the Missouri State Prevailing Wage Law as found at RSMo. §290.210. WHEREAS, in the event that the Missouri State Prevailing Wage Law as found at RSMo. §290.210 changed or ceased to exist Ordinance No. 14624 required: • MSD to meet its Charter requirement to pay prevailing wages on improvement projects by using existing programs such as, but not limited to, Davis-Bacon, or by collecting and developing its own prevailing wage data, and develop its own rules for monitoring and enforcement as defined by a policy adopted by the Board. • MSD to continue to pay prevailing wages on its non-improvement projects covered by the Missouri State Prevailing Wage Law as found at RSMo. §290.210 that existed on January 1, 2017 by using existing programs such as, but not limited to, Davis-Bacon, or by collecting and developing its own prevailing wage data, and develop its own rules for monitoring and enforcement as defined by a policy adopted by the Board NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT THAT: Section One. Ordinance No. 14624, as adopted March 16, 2017, is hereby repealed. Section Two. As ordained by the Board of Trustees in Ordinance No. 14624, MSD staff will develop and implement rules for monitoring and enforcing a Prevailing Wage program as defined by Board policy and shall at a minimum: • Survey and establish new prevailing wage rates by accepting data from all sources • Utilize new State Job Classifications • Require prevailing wage on: ◦ all CIRP projects ◦ all applicable Blanket contracts ◦ all non-CIRP projects over $10,000 as applicable • Continue with more stringent requirements on apprentice usage, allow and investigate complaints from all sources, and provide administration and enforcement on all projects Section Three. In the event a different Prevailing Wage standard is required by a specific outside funding source (such as, but not limited to, Davis-Bacon for federally funded projects) MSD will comply with such to meet its Charter prevailing wage requirement on improvement projects. Section Four. In the event that RSMo. Chapter 290 changes or ceases to exist in the future, MSD will meet its Charter requirement to pay prevailing wages on improvement projects, as defined by a policy adopted by the Board, by using existing programs such as, but not limited to, Davis-Bacon, or by collecting and developing its own prevailing wage data, and develop its own rules for monitoring and enforcement as defined by a policy adopted by the Board. Section Five. In the event that RSMo. Chapter 290 changes or ceases to exist, MSD will continue to pay prevailing wages on its non-improvement projects covered by RSMo. Chapter 290, as defined by a policy adopted by the Board, by using existing programs such as, but not limited to, Davis-Bacon, or by collecting and developing its own prevailing wage data, and develop its own rules for monitoring and enforcement as defined by a policy adopted by the Board. The foregoing ordinance was adopted on April 11, 2019.