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Legislation #: 130944 Introduction Date: 12/5/2013
Type: Ordinance Effective Date: none
Sponsor: None
Title: Waiving a requirement of Section 2-83(a), Code of Ordinances, and authorizing the City Attorney to execute a contract with Polsinelli PC, for the provision of legal services in connection with the creation of one or more Transportation Development Districts; and recognizing an emergency.

Legislation History
DateMinutesDescription
12/5/2013 Filed by the Clerk's office
12/5/2013 Referred to Finance, Governance & Ethics Committee
12/11/2013 Advance and Do Pass as a Committee Substitute, Consent
12/12/2013 Passed as Substituted

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130944.pdf Authenticated 165K Authenticated
130944 Fact Sheet.pdf Fact Sheet 113K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 130944

Waiving a requirement of Section 2-83(a), Code of Ordinances, and authorizing the City Attorney to execute a contract with Polsinelli PC, for the provision of legal services in connection with the creation of one or more Transportation Development Districts; and recognizing an emergency.

WHEREAS, the City is actively pursuing multiple expansion lines to its downtown streetcar system; and

WHEREAS, financing of the expansion lines may include the establishment of one or more Transportation Development Districts (“TDD”); and

WHEREAS, the formation of any TDD(s) will require various legal services; and

WHEREAS, the original project team included the law firm of Polsinelli PC, such that the firm is already familiar with the project and the formation of any TDD(s) for the downtown streetcar system; and

WHEREAS, the short timeline and project efficiencies support the continued use of Polsinelli PC in forming any TDD(s); and

WHEREAS, the City Manager will be considering a request for solicitation waiver on the grounds that public solicitation would result in increased costs for the City or would otherwise not be in the best interest of the City due to the timeline contemplated for establishing any TDDs, and that Polsinelli PC has unique or specialized experience suited to the project such that it is in the City’s best interests to utilize it due to the expertise developed in successfully representing the City in establishing the initial transportation development district; and

WHEREAS, Polsinelli PC, occasionally represents clients in litigation or negotiations with the City and is willing to represent the City in any TDD efforts only if the law firm is able to continue to represent those clients and other such clients in the future; and

WHEREAS, the Council does not believe that the City’s interests in any TDD efforts will be adversely affected by Polsinelli PC’s representation of other current or future clients in matters adverse to the City; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 Section 1. That the provision of Section 2-83(a), Code of Ordinances, prohibiting a City department from entering into a legal services contract with an attorney or a law firm which represents any party in litigation against the City is hereby waived for the legal services contract with Polsinelli PC to provide services to the City in any TDD effort.

Section 2. That the City Manager is hereby authorized to execute a letter attesting to the waiver of such conflicts of interest on behalf of the City.

 

Section 3. That the sum of $75,000.00 is hereby appropriated from the Unappropriated Fund Balance of the Public Mass Transportation Fund:

 

14-2080-122570-B KC Downtown Streetcar TDD Ph 2 $75,000.00

Section 4. That the City Attorney is hereby authorized, subject to the approval of a solicitation waiver by the City Manager, to execute a contract with Polsinelli PC and to expend up to $75,000.00 for such purposes from funds heretofore appropriated to Account No. 14-2080-122570-B.

Section 5. That this ordinance is recognized as an emergency measure within the provisions of Section 503 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.

 

 

________________________________

Randall J. Landes

Director of Finance

 

Approved as to form and legality:

 

 

________________________________

Brian T. Rabineau

Assistant City Attorney