Construction employment goals.
Kansas City Code § 3-507
in effectSec. 3-507. - Construction employment goals.
(a) Construction employment goals shall be established by sections 3-501—3-527 for an initial five-year time period subject to adjustment and renewal by the city council as provided herein. Such goals shall be reviewed annually by the director in consultation with the construction workforce board and the director and construction workforce board shall have the right to recommend to the city council adjustments as it deems to be in the best interests of the city and its citizenry.
(b) In establishing the construction employment goals the city has considered:
(1) The general population in the city and in the city's metropolitan statistical area (MSA); and
(2) The general workforce in the city and in the city's metropolitan statistical area (MSA); and
(3) The availability of minority and women in the workforce in the city and in the city's metropolitan statistical area (MSA); and
(4) The utilization of minorities and women in the workforce in the city and in the city's metropolitan statistical area (MSA); and
(5) The projected growth of the city's construction industry; and
(6) Information from contracting associations, labor organizations, workforce preparedness programs and community groups concerning workforce availability in the commercial marketplace; and
(7) Any other requirements imposed by federal, state or local laws.
(c) In recommending any adjustments to the construction employment goals, the director in consultation with the construction workforce board shall consider all of the information described in subsection (b) and any statistical data subsequently gathered regarding the construction employment program.
(d) Construction employment goals are established as follows:
(1) For minorities an incentive goal of 20 percent and a minimum goal of ten percent.
(2) For women an incentive goal of four percent and a minimum goal of two percent.
The minimum construction employment goals, unless otherwise waived by the director or the construction workforce board on appeal from a determination of the director, shall be met on a quarterly basis during the term of the city construction contract.
(e) The minimum construction employment goals, unless otherwise waived by the director or the construction workforce board on appeal from a determination of the director, shall be applicable as follows:
(1) As to the construction contractor individually, the city construction contract.
(2) As to the construction contractor individually, all construction projects performed by the construction contractor in the metropolitan statistical area during the term of the city construction contract.
(3) As to the subcontractors collectively, the city construction contract.
Only the construction labor hours performed by those working sufficient hours to qualify for benefits shall be counted.
(f) The construction employment goals shall be reviewed on an annual basis by the director in consultation with the construction workforce board. The director and the construction workforce board shall present an evaluation to the city council of the construction employment program every year. Annually, the city council shall review the director's and construction workforce board's evaluation of the construction employment program and evaluate whether the program should be amended. Every five years, the city council shall evaluate whether the program should be extended or terminated, but failure to do so shall not invalidate sections 3-501—3-527 or any contract or solicitation.
(g) A construction contractor shall individually meet and shall require his subcontractors to collectively meet the minimum employment goals, unless granted a good faith waiver. In the event that minimum construction employment goals have not been met by the city construction contractor or his subcontractors during any quarter, the construction contractor may request that the director waive the goals. The director shall grant a construction contractor's request for waiver if the construction contractor can demonstrate that good-faith efforts have been made to achieve the goals. In determining whether a good faith effort has been made to meet the minimum construction employment goals, the director shall consider whether the construction contractor undertook the following actions, and, in the case of his subcontractors, whether the construction contractor required the subcontractors to undertake the following actions:
(1) For those construction contractors that are not signatories to a collective bargaining agreement with organized labor:
a. Requested in writing the assistance of the director with respect to efforts to promote the utilization of minorities and women in the workforce and acted upon the director's recommendations; and
b. Advertised in minority or women trade association newsletters and/or minority or women owned media at least 15 calendar days prior to the utilization of any construction services on the city construction contract, and used terminology that sufficiently describes the work available, the pay scale, the application process, and anything else that one might reasonably be expected to be informed of relevant to the position being advertised; and
c. Maintained copies of each advertisement and a log identifying the publication and date of publication; and
d. Established and maintained a current list of resident, minority and women recruitment sources, providing written notifications to the recruitment sources of available employment opportunities, and maintained records of the notices submitted to the organizations and any responses thereto; and
e. Maintained a current file for the time period of the city construction contract with the name, address, and telephone number of each resident, minority and woman job applicant, the source of the referral, whether or not the person was hired, and in the event that the applicant was not hired, the reason therefore; and
f. Required by written contract all subcontractors to comply with this provision; and
g. Promoted the retention of minorities and women journeypersons in its workforce with the goal of achieving sufficient annual hours for minorities and women to qualify for applicable benefits.
(2) For those construction contractors that are signatories to collective bargaining agreements with organized labor:
a. Requested in writing from each labor union representing crafts to be employed by the city contractor that:
1. The labor union make efforts to promote the utilization of residents of the city, minorities and women in the workforce;
2. The labor union identifies any residents of the city, minorities and women in its membership eligible for employment by the city contractor;
b. Collaborate with labor unions in promoting mentoring programs for journeypersons intended to assist minorities and women in increasing retention with the goal of achieving sufficient annual hours to qualify for applicable benefits.
c. Maintained a current file with the name, address, and telephone number of each resident, minority and woman worker identified by the labor union, whether or not the person was hired, and in the event the person was not hired, the reason therefore.
d. To the extent that the good-faith effort requirements set forth in this section are in conflict with the procedures implemented by the construction contractor in order to comply with a competitive bargaining agreement, the construction contractor shall substitute other procedures, as may be approved by the director in writing, in order to accomplish the purpose and intent of this section.
(h) Required by written contract all subcontractors to comply with this provision; and
(i) Notwithstanding anything contained in this section, if the waiver is required by federal or state or local law, the director shall grant a waiver to a construction contractor that nonetheless fails to meet:
(1) The minority and women employment goals; and
(2) The standards set forth in section 3-507.
(j) When a request for good faith waiver has been filed and the director has determined that the construction contractor has not met the goals despite its good faith efforts as defined in this section, the director may grant a full or partial waiver to the construction contractor. If the director denies a construction contractor's request for waiver, the construction contractor may appeal the director's decision to the construction workforce board.
(Ord. No. 130275, § 1, 3-21-13)
Source: City of Kansas City, Missouri, Code of Ordinances, Charter and Zoning and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/mo/kansas_city/codes/code_of_ordinances?nodeId=PTIICOOR_CH3COLE_ARTIVCOPRRE_DIV3COWO_S3-507COEMGOFetched: 10/28/2026