§ 3-451. Fairness in construction board.

(a)

Establishment and authority. There is hereby established the fairness in construction board. The board's authority is limited to city construction bids, proposals and contracts, and those incentive projects, in which the estimated cost thereof is more than $300,000.00. The board's authority is limited to setting goals for each such contract, to make determinations as to whether good faith have been made and the assessment and amount of liquidated damages on incentive agency projects when the applicable agency and the director fail to mutually agree, and hearing and investigating appeals set forth in section 3-453 hereof arising from city bids, proposals and contracts under its jurisdiction.

(b)

Board composition. The board shall be composed of seven members and six alternates appointed by the mayor, each of whom is experienced in construction management, as follows:

(1)

One member and one alternate recommended by the Builders' Association; and

(2)

One member and one alternate recommended by the Heavy Constructors' Association; and

(3)

One member and one alternate recommended by the Minority Contractors' Association of Kansas City; and

(4)

One member and one alternate recommended by the Kansas City Hispanic Association Contractors Enterprise, Inc.; and

(5)

One member and one alternate recommended jointly by the Women Construction Owners and Executives and National Association of Women in Construction; and

(6)

One member and one alternate jointly recommended by the specialty contractors associations; and

(7)

Chairperson appointed by the mayor and submitted to the entities named in subsections 3-451(b)(1)—(6) for approval. Any one of the named entities can veto the mayor's submission and require another submission.

(c)

Term. The terms of all board members shall be for a period of four years, however, all members shall continue in office as such until the respective successors shall have been appointed. Board members serving as of the effective date of this division shall retain their seats for the remainder of their unexpired terms.

(d)

Alternates. In the event a board member is unable to attend a meeting of the board or has a conflict of interest with regard to a particular contract or issue, the alternate shall temporarily serve in such member's stead. The term of an alternate shall expire at the expiration of the term of the board member.

(e)

Ineligibility. The following persons are ineligible to serve on the board:

(1)

Members of the city council; and

(2)

Employees of the city; and

(3)

Nonresidents of the city, unless the nonresident works in the city metropolitan area or is appointed to represent the interests of an organization that maintains an office in the city metropolitan area.

(f)

Conflict of interest. In the event a board member has a conflict of interest in a contract or issue that comes before the board, the member shall be temporarily replaced by the alternate. In the event an alternate has a conflict of interest in a bid, contract or issue that comes before the board, the alternate shall recuse himself.

(g)

Absence of chairperson. In the event the chairperson is not in attendance at any board meeting, a majority of board members shall select a member to act as chairman for that meeting.

(h)

Quorum. Four members of the board shall constitute a minimum quorum unless otherwise increased by board rules.

(Ord. No. 180535 , § 1, 10-25-18)