ORDINANCE
NO. 200221
Authorizing a Fourth Amendment to
a Property Management Contract with HOMKOR of Missouri, Inc., for continued
property management services for the Kansas City Assessment Triage Center, by
extending for twelve months to April 30, 2021, subject to appropriation for the
next fiscal year, continuing the monthly management fee to $2,800.00 per month,
plus reimbursement of certain maintenance costs; authorizing the Director of
General Services to expend $385,000.00 for the management fee and reimbursement
of maintenance costs and recognizing an accelerated effective date.
WHEREAS, City and HOMKOR of Missouri, Inc. (“HOMKOR”) entered into a
Property Management Contract with an effective date of April 19, 2016 (“Initial
Contract”), by which City appointed and engaged HOMKOR as the exclusive property
manager for certain real property and improvements located at 2600 E. 12th
Street in Kansas City, Missouri known as the Kansas City Assessment Triage
Center (“Property”) and for a parking lot located at the northeast corner of
Prospect and Peery in Kansas City, Missouri, as more particularly described in
the Contract (“Parking Area”); and
WHEREAS, the City and HOMKOR
previously entered into a First Amendment with an effective date of September
28, 2017, which extended the term of the Initial Contract through April 30,
2018 (“First Amendment”); and
WHEREAS, the City and HOMKOR
previously entered into a Second Amendment with an effective date of May 1,
2018, which extended the term of the Contract, as amended, through December 31,
2018 (“Second Amendment”); and
WHEREAS, the City and HOMKOR
previously entered into a Third Amendment with an effective date of December
27, 2018, which extended the Contract, as amended, to April 30, 2020 (“Third
Amendment”), which Initial Contract, the First Amendment, Second Amendment and
Third Amendment are collectively referred to as “Current Contract”; and
WHEREAS, Committee Substitute
for Ordinance No. 160125 which authorized the Initial Contract directed that
property maintenance agreements to be in effect starting May 1, 2018, would be
pursued in an open and competitive bidding process, and additional time was
then still needed to complete such contemplated competitive bidding process;
and
WHEREAS, Ordinance No. 180950,
which authorized the Third Amendment directed that property maintenance
agreements to be in effect starting May 1, 2020, would be pursued in an open
and competitive bidding process, and additional time continues to be still
needed to complete such contemplated competitive bidding process; and
WHEREAS, City and HOMKOR wish
to extend the Current Contract through April 30, 2021, subject to appropriation
for the next fiscal year, in order to allow the City to pursue thereafter the
open and competitive bidding process contemplated by Ordinance No. 180950; and
WHEREAS, City and Contractor
wish to further amend the Current Contract as hereinafter provided; NOW,
THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
the Director of General Services is hereby authorized to enter into a Fourth
Amendment to Property Management Contract with HOMKOR for continued property
management services by HOMKOR for the Kansas City Assessment Triage Center at
2600 E. 12th Street, extending the term of services by twelve months to April
30, 2021, and continuing the monthly management fee of $2,800.00 per month,
plus reimbursement of certain maintenance costs as specified in the Current
Contract. Such extension will also allow either party to terminate with sixty
days’ notice for cause only. A copy of this Fourth Amendment is on file with
the Department of General Services.
Section 2. That
the Director of General Services is authorized to expend the amount of
$385,000.00 for Account No. 21-2330-071728-B from funds heretofore appropriated
to the account.
Section 3. That
the Director of General Services is hereby authorized to include in such Fourth
Amendment to Property Management Contract, a further extension to renew at the
City’s election for a fourth renewal term from May 1, 2020 to April 30, 2021,
continuing at the same monthly management fee of $2,800.00 per month, plus
reimbursement of certain maintenance costs as set forth in the Current
Contract; subject to available appropriations in the corresponding fiscal
year.
Section 4. The City Manager is directed to account for and budget a
future expenditure of sufficient funds anticipated to be incurred within the
twelve month period commencing May 1, 2020 to April 30, 2021, but with the
understanding that such financial obligation won’t be incurred until passage of
the budget for that corresponding fiscal year. The City will give written
notice of its election to extend to HOMKOR within twenty (20) days from the
inclusion of a sufficient amount in an approved budget for such fiscal year for
the corresponding further extended renewal term, as more fully set forth in the
Fourth Amendment. The Fourth Amendment as to the further extension renewal term
won’t be effective until the there are sufficient encumbered funds available in
an amount to pay to the future monthly management fee and expenses for such
twelve month period from May 1, 2020 to April 30, 2021.
Section 5. Any agreement to become effective May 1, 2021, or
thereafter shall be pursued in an open and competitive bidding process for such
terms and conditions as deemed reasonable in the judgment of the Director of
the General Services Department.
Section
6. That this ordinance is recognized as having an accelerated effective
date within the provisions of Section 503(a)(C) of the City Charter in that it
appropriates money, and shall take effect in accordance with that section.
_____________________________________________
I hereby certify that
there is a balance, otherwise unencumbered, to the credit of the appropriation
to which the foregoing expenditure is to be charged, and a cash balance,
otherwise unencumbered, in the treasury, to the credit of the fund from which
payment is to be made, each sufficient to meet the obligation hereby incurred.
___________________________________
Tammy
L. Queen
Director
of Finance
Approved
as to form and legality:
___________________________________
Amelia
McIntyre
Assistant City Attorney