ORDINANCE NO. 030066

Waiving the requirement that a department cannot enter into a contract for professional services with a law firm that represents a party in litigation against the City for a contract with Spencer Fane Britt & Browne, LLP.

WHEREAS, the services of a law firm with expertise in tax and pension matters are immediately required to review the proposed accumulated leave plan; and

WHEREAS, the City desires to enter into a contract for professional services with Spencer Fane Britt & Browne, LLP to serve as employee benefits counsel; and

WHEREAS, Spencer Fane Britt & Browne, LLP currently represents Robert S. Ehinger, Trustee for the Robert S. Ehinger Trust, and Heilman Investment Properties, LLC. in a condemnation suit initiated by the City in City of Kansas City Mo. v. Montage Foods, Inc., Case No. 02-CV-201694; and

WHEREAS, under Section 2-83, Code of Ordinances, a department cannot enter into a contract for professional services with a law firm that represents a party in litigation against the City absent a waiver from the City Council; and

WHEREAS, the City Council waived this requirement the past two years with Spencer Fane Britt & Browne, LLP when they represented other property owners in condemnation proceedings; and

WHEREAS, it is in the best interests of the City that this waiver be obtained so that Spencer Fane Britt & Browne, who has represented the City for over ten years in labor and employment benefits matters, can continue to represent and advise the City; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

That the requirement that a department cannot enter into a contract for professional services with a law firm that represents a party in litigation against the City is waived as it applies to a contract with Spencer Fane Britt & Browne, LLP to represent and advise the City on employee benefits.

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Approved as to form and legality:

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Assistant City Attorney