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Legislation #: 080769 Introduction Date: 7/24/2008
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER RILEY
Title: Enacting a new Chapter 2, Article XI, Division 11, Code of Ordinances, entitled First Choice Jobs Program to establish a program assisted by the Full Employment Council by which City residents receive first consideration for certain employment on City construction projects over $335,000 or projects receiving economic development incentives or loans or grants of public money.

Legislation History
DateMinutesDescription
7/24/2008 Filed by the Clerk's office
7/24/2008 Referred to Finance and Audit Committee
7/29/2008 Referred to Transportation and Infrastructure Committee
7/31/2008 Hold On Agenda (8/14/2008)
8/21/2008 Hold On Agenda (9/11/2008)
9/11/2008 Hold Off Agenda
7/16/2009 Hold Off Agenda
7/22/2010 Release
7/22/2010 Released

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ORDINANCE NO. 080769

 

Enacting a new Chapter 2, Article XI, Division 11, Code of Ordinances, entitled First Choice Jobs Program to establish a program assisted by the Full Employment Council by which City residents receive first consideration for certain employment on City construction projects over $335,000 or projects receiving economic development incentives or loans or grants of public money.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 2, Article XI, Code of Ordinances is amended by enacting a new Division 11 entitled First Choice Jobs Program to read as follows:

 

Division 11

 

First Choice Jobs Program

 

Sec. 2-1881. Policy.

 

It is the policy of the City of Kansas City that residents of the City are granted a first opportunity to apply and be hired for certain jobs funded by the City or by projects receiving City assistance.

 

Sec. 2-1882. Findings.

 

The City makes the following findings:

 

(1)               Unemployment within the City is a danger to the stability of neighborhoods, and to the stability of the City itself.

 

(2) Unemployment within the City exceeds the national average.

 

(3) Over recent months the City has experienced a net job loss.

 

(4) It is fair that residents of the City be offered employment opportunities when public funds are used on construction projects.

 

(5) It is fair that residents of the City be offered employment opportunities when public assistance is received by private businesses in the form of economic development incentives.

 

(6) It is fair that residents of the City be offered employment opportunities when the City assists private business through the loan of public money.

 


Sec. 2-1883. First Source projects.

 

The requirements of the First Source Jobs Program apply to the following projects:

 

(1) Those providing new jobs which are funded by the City in an amount greater than $335,000;

 

(2) Those in which a party receives financial assistance through loans or grants for which the City provides assistance; or

 

(3) Those in which a party receives assistance through economic development incentives, including but not limited to, tax increment financing, tax abatement, or other assistance whether provided directly by the City or through economic development agencies, such as the Port Authority, Land Clearance for Redevelopment Authority, Planned Industrial Expansion Authority, and Industrial Development Authority.

 

Sec. 2-1884. Role of the Full Employment Council.

 

(a) Jobs clearinghouse. The Full Employment Council will serve as the prime contract of the First Source Jobs Program for the availability of project jobs.

 

(b) All projects. The Full Employment Council will receive information from contractors and others using the First Source Jobs Program and provide job candidates to the employers.

 

(c) Referral database. The Full Employment Council will maintain an electronic database of all persons referred to either a union or directly to a contractor. The database will include at least the following information:

 

(1) Name of applicant;

 

(2) Date of referral;

 

(3) Union or contractor to which the referral was made.

 

Sec. 2-1885. Construction projects.

 

(a) Required participation. All City construction projects in excess of $335,000.00 will participate in the First Source Jobs Program.

 

(b) Notice of projects.

 

(1) City responsibility. The City will provide to the Full Employment Council at least 20 working days prior to a bid being awarded on a covered project a statement of the project and that the First Source Jobs Program will be used.

 

(2) Full Employment Council responsibility. When received from the City, the Full Employment Council will post notices of construction projects and the application of the First Source Jobs Program on the Full Employment Council Website and at each of its Career Center Office locations.

 

(c) Contractor requirements.

 

(1) Notice to the Full Employment Council. No less than 20 work days prior to planned job interviews and hiring, a contractor subject to the First Source Jobs Program will notify the Full Employment Council of the future hiring.

 

(2) Contents of the notice. The notice to the Full Employment Council will include the following information:

 

(A) Number of jobs to be filled;

 

(B) Job titles of the jobs to be filled;

 

(C) Whether the positions are union or non-union;

 

(D) Projected start date for each job title; and

 

(E) Location to apply for the listed job opportunities.

 

(i) For union positions the appropriate union, union hall location, and phone number will be listed. Persons referred to the Project Prepare Pre-apprenticeship Training Program coordinated through the Greater Kansas City AFL-CIO shall also be referred to the appropriate union hall if pre-apprenticeship training is not scheduled.

 

(ii) For non-union positions the location of the employment office, hiring contact, and phone number will be listed.

 

(3) Reporting. Employers will report its efforts through the Human Relations Office and the Citys Construction Workforce Board .

 

Sec. 2-1886. Economic development / loan or grant projects.

 

(a) Required participation. All projects receiving public funds through loans or grants or receiving economic development incentives will participate in the First Source Jobs Program. Subsequent owners, assignees, or successors to the original recipient of economic development incentives or public loans or grants must accept the agreement with the Full Employment Council or negotiate a new agreement.

 

(b) Application to entry-level jobs. The First Source Jobs Program applies to entry-level jobs produced through the project. An entry-level job is any non-managerial, non-professional, or non-technical position, for which little or no prior work experience or vocational skill training is required to successfully perform the job tasks.

 

(c) Employment agreement required.

 

(1) Stipulation of the receipt of economic development incentives or other loan or grant assistance. The City, or those entities providing economic development incentives, shall include for every project a requirement that the beneficiary/recipient enter into an employment agreement with the Full Employment Council.

 

(2) Initial employee pool. The initial source for finding employees to fill all entry-level jobs created by the project will be the First Source Jobs Program. The goal of each employment agreement will be that all entry-level jobs will be hired from the First Source Jobs Program.

 

(3) On-going vacancies. The first source for finding employees to fill all vacancies occurring in an entry-level job covered by an employment agreement during the term of the Agreement will be the first source register.

 

(d) Beneficiary requirements.

 

(1) Notice to the Full Employment Council. No less than 20 work days prior to planned job interviews and hiring, a beneficiary of economic development incentives or the recipient of a loan or grant of public funds in which the City provided assistance will notify the Full Employment Council of the future hiring.

 

(2) Contents of the notice. The notice to the Full Employment Council will include the following information:

 

(A) Number of jobs to be filled;

 

(B) Job titles and descriptions of the jobs to be filled;

 

(C) Projected start date for each job title; and

 

(D) Location to apply for the listed job opportunities.

 

(3) Ongoing reports. A beneficiary/recipient will agree to provide to the Full Employment Council and the City, through its Human Relations Office, periodic reports of its hiring indicating the number of residents interviewed, the number of residents hired, the current number of residents in the workforce, and the total number of persons in the workforce.

 

(e) First Source Jobs Program hiring window. During the first 20 working day period of the beneficiarys or recipients hiring process, only residents of the City will be hired. If a sufficient workforce cannot be obtained, the beneficiary or recipient may look beyond City residents to meet their workforce requirements.

 

(f) Application to tenants. The obligation to participate in the First Source Job Program must be included by a landlord-beneficiary/recipient in any lease or other arrangement with a tenant employing 30 or more persons of any project receiving economic development incentives or a loan or grant of public funds

 

Sec. 2-1887. Enforcement.

 

(a) Notice of noncompliance. If a contractor or beneficiary/recipient fails to comply with the terms of this division or the terms of an agreement with the Full Employment Council, the City or Full Employment Council as appropriate, shall issue a notice specifying all areas of noncompliance and a time limit for resolution of the identified problems.

 

(b) Sanctions. Failure to remedy the noncompliant behavior will be reported to the City and to the appropriate agency for appropriate action, which may include, but not necessarily be limited to, any or all of the following:

 

(1)               Exercising the Citys rights under a contract;

 

(2)               Withdrawal or reduction of public incentives,

 

(3)               Filing of a complaint with the appropriate Federal agency;

 

(4)               Disbarment from City contracting for a period of time;

 

(5)               Denial of future economic development incentives.

 

Sec. 2-1888. Severability.

 

Should any portion of this division be held invalid or unenforceable, the remaining provisions of this division shall remain in effect.

 

________________________________________

 

Approved as to form and legality:

 

 

_________________________________

William Geary

Assistant City Attorney