§ 3-463. Duties and authority of director.

(a)

The director is hereby authorized to establish rules and regulations to implement this division which rules and regulations shall be submitted to the city council for its approval and shall be in writing and published.

(b)

Notwithstanding any other section to the contrary, the director is hereby authorized to establish rules and regulations to implement the city's MBE/WBE program requirements into contracts that utilize alternative construction delivery methods pursuant to chapter 3, Code of Ordinances, or other alternative procurement or contracting methods if the contract would be subject to MBE/WBE goals under this division. Except for cooperative agreements that involve construction, the fairness in construction board shall set the MBE/WBE goals for construction contracts.

(c)

The director shall, in addition to any other duties specified herein:

(1)

Administer and enforce this article to ensure that MBE/WBEs have equal opportunity to participate in city contracts and subcontracts and work with all city department directors and agency heads to implement the city's MBE/WBE program; and

(2)

Coordinate the establishment of MBE/WBE methodologies with all city departments and incentive agencies including establishment of goals, except goals to be established by the applicable Board, as may be appropriate to remedy underutilization of MBE/WBEs; and

(3)

Update the M/W/DBE Kansas City Mo. Online Directory available to all bidders, proposers, the general public, city departments and incentive agencies no less frequently than every three months; and

(4)

Assist city departments incentive agencies, bidders, proposers, contractors and developers in finding qualified MBEs and WBEs to participate in contracts; and

(5)

Identify appropriate participation opportunities for qualified MBEs and WBEs in contracts; and

(6)

Publish an annual report for the city's fiscal year which states for each city department and agency:

a.

The number of contracts awarded and the total contract dollars awarded pursuant to such contracts; and

b.

The number of prime contracts awarded to WBEs and MBEs as identified by race and/or ethnicity and the total dollars awarded and paid pursuant to such contracts; and

c.

The number of subcontracts awarded to WBEs and MBEs as identified by race and/or ethnicity and the total contract dollars awarded and paid pursuant to such contracts; and

d.

A summary of total waiver requests submitted that are granted or denied and the reasons for the grant or denial; and

e.

The number of MBE/WBE firms certified by race and/or ethnicity; and

(7)

Provide a compliance report to the city manager within 30 days after the end of each quarter which shall include:

a.

The total number of contracts awarded and the total contract dollar amount awarded pursuant to such contracts; and

b.

The number of contracts awarded to qualified MBEs as identified by race and/or ethnicity and WBEs and the total contract dollar amount awarded and paid pursuant to such contracts; and

c.

The director of human relations evaluation of the city's progress toward meeting MBE/WBE utilization plans and any actions he or she intends to take to address any shortfall in meeting the goals established in such plans; and

d.

Any other information as may be required by the city manager; and

(8)

Provide monthly compliance reports to the applicable incentive agency for contracts entered into in connection with sections 3-425(b) and 3-425(c) updating the incentive agency as to the project developer's compliance with the M/WBE goals and work with the applicable incentive agency to assist developers who are not compliant. Failure of the director to furnish these reports does not absolve incentive agency or developer from complying with the processes outlined by agreement with the incentive agency; and

(9)

Provide the city council a report outlining the effects of any revisions to this division within 18 months of their effective date. The purpose of this report is to ensure that such revisions promote increased opportunities for minority or women business enterprise participation on contracts.

(10)

Develop and maintain relationships with organizations representing contractors, including minorities and women organizations, and solicit their support for the city's program; and

(11)

Furnish staff assistance to the boards established in this division. This shall include but not be limited to providing to the boards within 30 days following the end of each quarter interim reports containing the information described in subsection (6) and such other reports and information as the board, from time to time, may request; and

(12)

Implement any federal or state minority business enterprise program required by law or federal or state contract; and

(13)

Appoint a designated neutral hearing examiner for certification revocation hearings.

(Ord. No. 180535 , § 1, 10-25-18)