COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 951611

Amending Chapter 64 of the Code of Ordinances, entitled Streets, Sidewalks and Public Places, by repealing therein Section 64-206 and enacting in lieu thereof a new section of like number and subject matter, and directing the City Manager to complete a study and report to the City Council for review within 12 months.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY;

Section A. That Chapter 64 of the Code of Ordinances, entitled Streets, Sidewalks and Public Places, is hereby amended by repealing therein Section 64-206 and enacting in lieu thereof a new section of like number and subject matter, which section reads as follows:

Sec. 64-206. Same--Conditions of contract.

Each contract mentioned in section 64-201 entered into by the board of parks and recreation commissioners as provided in section 64-204 shall contain a clause reserving to the board the right to suspend or amend such contract for failure on the part of the contractor to fulfill the contract, but such annulment or suspension shall not affect the rights of the city to all damages and penalties claimed by it on account of such contractor's failure; and every such contract shall contain a covenant on the part of the contractor with the city to pay for the work and labor of all laborers and teamsters, teams, trucks and wagons employed on the job and all material used therein, and performance of such covenant with the exception of maintenance contracts for grass mowing, litter collection, street sweeping, tree pruning and tree removal shall be guaranteed by the sureties signing the contract, but the sureties shall not be liable beyond the estimated cost of the materials used and labor done upon the job to be stated in the contract; provided that the city shall not be liable for any failure to comply with or irregularity in complying with this provision. All persons furnishing labor or material to any such contractor may recover against such contractor and his sureties, or either of them, in the same manner and subject to the same conditions as are provided by the Charter in case of contracts for making city improvements on streets, sidewalks, avenues or alleys, or for constructing sewers. In case the work is to be paid for in special tax bills, such contract shall so specify.

Section B. That the City Manager shall conduct or cause to be conducted a study in twelve (12) months reviewing the following data as pertains to this ordinance.

(1) the number of maintenance contracts which have been entered into by each Department of the City in which maintenance bonds have not been required;

(2) the cost savings to the City, if any, on said contracts as compared with previous contracts which required payment bonds;

(3) the number of incidents or complaints involving non payment of material suppliers or labor, if any, on said contracts.

Upon completion of the study, the City Manager shall prepare or cause to be prepared a report of the findings, which shall be provided to members of the City Council for review and reassessment of the exception of maintenance contracts from the general requirements for payment bonds. This process shall be completed within twelve (12) months of passage of this ordinance.

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Approved as to form and legality:

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Assistant City Attorney