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Legislation #: 171011 Introduction Date: 12/14/2017
Type: Ordinance Effective Date: 12/22/2017
Sponsor: None
Title: Authorizing amendments to the legal services agreements with Husch Blackwell LLP and Wilmer Cutler Pickering Hale and Dorr LLP for the provision of legal services related to the proposed terminal modernization project; reappropriating $481,130.00 from Aviation Account No. 8300-621000-610240 into Law Department Account No. 18-1000-131506; authorizing the City Attorney to expend this sum for this purpose; and recognizing this ordinance as having an accelerated effective date pursuant to Section 503(a)(3)(C) of the Charter.

Legislation History
DateMinutesDescription
12/14/2017 Filed by the Clerk's office
12/14/2017 Referred to Finance and Governance Committee
12/20/2017 Advance and Do Pass as a Committee Substitute, Debate
12/21/2017 Passed as Substituted

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171011.pdf Authenticated 655K Authenticated
171011 Ordinance.pdf Other 74K Ordinance

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 171011

 

Authorizing amendments to the legal services agreements with Husch Blackwell LLP and Wilmer Cutler Pickering Hale and Dorr LLP for the provision of legal services related to the proposed terminal modernization project; reappropriating $481,130.00 from Aviation Account No. 8300-621000-610240 into Law Department Account No. 18-1000-131506; authorizing the City Attorney to expend this sum for this purpose; and recognizing this ordinance as having an accelerated effective date pursuant to Section 503(a)(3)(C) of the Charter.

 

WHEREAS, because of the aging of the current terminal and appurtenant facilities at Kansas City International Airport (“KCI”), and the importance of improving the functionality of KCI for the airlines, airline passengers and general public who use KCI, the Council recognized that there is a need to plan for the modernization of the existing terminals and their appurtenant facilities by demolishing the existing terminals and replacing them with a single terminal that will better serve airline passengers, the airlines and the general public; and

 

WHEREAS, at the November 7, 2017 special election, a majority of the voters authorized the City “to construct a new passenger terminal at Kansas City International Airport and demolish existing terminals as necessary” by voting in favor of Question No. 1; and

 

WHEREAS, the Council passed Ordinance No. 170390 authorizing the City Attorney “to negotiate and execute agreements with Husch Blackwell LLP and Wilmer Cutler Pickering Hale and Dorr LLP to provide legal services as lead counsel . . . related to the proposed terminal modernization project” and appropriated an initial sum of $475,000.00 for these legal services, and then, with Ordinance No. 170463, the Council appropriated another $475,000.00 for these legal services; and

 

WHEREAS, the Council has previously recognized, and continues to recognize, both the uniqueness of this proposed terminal modernization project and the complex and specialized nature of the various areas of law involved with soliciting proposals for a public private partnership for the design, construction and financing of such a terminal modernization project and negotiating and drafting a memorandum of understanding, an interim development agreement, the development agreement, the lease and sublease agreements and the various other agreements associated with such project; and

 

WHEREAS, pursuant to the authorization provided in Ordinance No. 170390 and Ordinance No. 170463, these outside law firms have provided the City and the City Council to date extensive legal advice regarding the solicitation processes for the above terminal modernization project, financing options and the negotiation of a memorandum of understanding, as well as other matters related to the above terminal modernization project; and

 

WHEREAS, to further that planning, the City issued a request for qualifications and proposals for the design, construction and financing of a new single terminal and its appurtenant facilities, the City’s’ selection committee recommended that Edgemoor be selected as the proposer with whom the City would initially enter into direct negotiations of a memorandum of understanding and the City Council adopted the selection committee’s recommendation with its passage of Committee Substitute for Ordinance No. 170663, As Amended; and

WHEREAS, because of the favorable vote at the November 7, 2017 special election on Question No. 1, the Council recognizes that specialized legal assistance will continue to be needed by the City related to this proposed terminal modernization project in connection with the negotiation and drafting of a memorandum of understanding, an interim development agreement, a development agreement and additional agreements between the City and a selected proposer; and

 

WHEREAS, for any future legal services provided by Husch Blackwell LLP and Wilmer Cutler Pickering Hale and Dorr LLP, each firm will be required to provide for invoices for legal services and related expenses to be issued to the City every two calendar weeks and will be required to use all reasonable efforts to limit the number of attorneys billing for particular matters to only those essential to providing a particular item of legal services; and

 

WHEREAS, Section 3-35(b)(5), Code of Ordinances, provides that if the Council finds that it is “in the best interests of the city”, the Council may waive contract solicitation and award provisions otherwise set out in Code of Ordinances; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City Attorney is hereby authorized to negotiate and execute amendments to legal service agreements with Husch Blackwell LLP and Wilmer Cutler Pickering Hale and Dorr LLP to continue to provide legal services as lead counsel and to retain other external professional services for the City related to the proposed terminal modernization project in an additional aggregate amount not to exceed $481,130.00.

 

Section 2. That the City Council hereby determines that due to the aging of the current terminal and appurtenant facilities at Kansas City International Airport, the importance of improving the functionality of KCI for the airlines, airline passengers and general public who use KCI and the City’s immediate need for continued specialized and experienced legal assistance in a variety of areas of law presented by the proposed terminal modernization project, the Council hereby finds that it is in the best interests of the City, within the meaning of that phrase as set out in Section 3-35(b)(5), Code of Ordinances, to waive contract solicitation and award provisions otherwise set out in the City’s Code of Ordinances.

 

Section 3. That an additional $481,130.00 is appropriated from the Aviation Department Account 8300-621000-610240 to the following Law Department Account:

 

18-1000-131506 Outside Attorney Consulting. $481,130.00

 

Section 4. That the City Attorney is authorized to expend an amount not to exceed $481,130.00 from the funds appropriated above for the purpose of amendments to these legal services contracts.

 

Section 5. That this ordinance, because it appropriates money, is hereby recognized as having an accelerated effective date pursuant to Section 503(a)(3)(C) of the Charter.

 

Section 6. That pursuant to Section 3-437(b), Code of Ordinances, the Council hereby again determines that it is in the best interests of the City to waive the requirements of Article IV, Chapter 3, Code of Ordinances as to the legal services contract described herein and does hereby waive those requirements.

 

________________________________

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:

 

 

__________________________________

Galen P. Beaufort

Senior Associate City Attorney