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Legislation #: 180738 Introduction Date: 9/20/2018
Type: Ordinance Effective Date: 9/28/2018
Sponsor: None
Title: Authorizing an amendment to the legal services agreement with Husch Blackwell LLP for the provision of legal services related to the proposed terminal modernization project increasing the maximum payment cap by $150,000.00; and authorizing the City Attorney to expend this sum for this purpose; and recognizing this ordinance as having an accelerated effective date.

Legislation History
DateMinutesDescription
9/20/2018 Filed by the Clerk's office
9/20/2018 Referred to Finance and Governance Committee
9/26/2018 Advance and Do Pass, Debate
9/27/2018 Passed

View Attachments
FileTypeSizeDescription
180738.pdf Authenticated 109K Authentication
180738 Ordinance.pdf Other 72K Ordinance
180738 fiscal note.pdf Fiscal Note 16K Fiscal Note
180738 fact sheet.pdf Fact Sheet 216K Fact Sheet

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ORDINANCE NO. 180738

 

Authorizing an amendment to the legal services agreement with Husch Blackwell LLP for the provision of legal services related to the proposed terminal modernization project increasing the maximum payment cap by $150,000.00; and authorizing the City Attorney to expend this sum for this purpose; and recognizing this ordinance as having an accelerated effective date.

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, 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 for the services of certain other experts and appropriated an initial sum of $475,000.00; and

 

WHEREAS, pursuant to authority granted by Ordinance No. 170390, the City Attorney entered into an initial legal services contract with Husch Blackwell LLP on behalf of the City in the amount of $175,000.00 for it to provide legal services related to the KCI terminal modernization project and to retain certain other needed experts; 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 later passed Ordinance No. 170463, Committee Substitute for Ordinance No. 171011 and Ordinance No. 180029, As Amended, appropriating, in the aggregate, an additional $1,246,130.00 to be used to pay for the legal services provided by this law firm and certain expert costs; and

 

WHEREAS, the Council has determined that it is necessary to increase the maximum payment cap for continued legal services to be provided by Husch Blackwell LLP and that any such additional payments are to be reimbursed by the Aviation Department; and

 

WHEREAS, for any future legal services provided by Husch Blackwell LLP the firm will continue to be required to provide invoices for legal services and related expenses 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 the Code of Ordinances; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the City Attorney is authorized to execute an amendment to the existing legal service agreement, as amended, with Husch Blackwell LLP for its continued provision of legal services as lead counsel related to the KCI proposed terminal modernization project in an additional aggregate amount not to exceed $150,000.00, and funded from Account No. 19-8300-621000-B.

 

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 this ordinance, because it relates to the design and construction of a public improvement, is hereby recognized as having an accelerated effective date pursuant to Section 503(a)(3)(D) of the Charter.

 

Section 4. 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