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Legislation #: 970407 Introduction Date: 4/3/1997
Type: Ordinance Effective Date: 4/27/1997
Sponsor: None
Title: Amending the agreement for legal services with Verner, Liipfert, Bernhard, McPherson and Hand, Chartered, approved by Ordinance 960772, by enlarging the work to be performed to include negotiation of a franchise agreement with Missouri Gas Energy and other matters relating to utility regulation and by increasing the contract amount by $250,000.

Legislation History
DateMinutesDescription
4/3/1997

Prepare to Introduce

4/3/1997

Referred Finance & Administration Committee

4/9/1997

Do Pass

4/10/1997

Assigned to Third Read Calendar

4/17/1997

Passed


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ORDINANCE NO. 970407

 

Amending the agreement for legal services with Verner, Liipfert, Bernhard, McPherson and Hand, Chartered, approved by Ordinance 960772, by enlarging the work to be performed to include negotiation of a franchise agreement with Missouri Gas Energy and other matters relating to utility regulation and by increasing the contract amount by $250,000.

 

WHEREAS, the law firm of Verner, Liipfert, Bernhard, McPherson and Hand, Chartered, has performed services for the City relating to utility mergers, operating or franchise agreements, and the streetlight project; and

 

WHEREAS, the firm also has experience in the regulation of natural gas utilities; and

 

WHEREAS, the franchise of Missouri Gas Energy is nearing an end, and a new franchise must be negotiated; and

 

WHEREAS, it is to the benefit of the City and its citizens to include persons with specialized knowledge of the natural gas industry who also familiar with the operating needs of the City; NOW, THEREFORE

 

BE IT ORDAINED BY THE COUNSEL OF KANSAS CITY:

 

Section 1. That to enlarge the scope of work to be performed through the agreement for legal services with Verner, Liipfert, Bernhard, McPherson and Hand, Chartered, approved by Ordinance 960772, to include negotiation of a franchise agreement with Missouri Gas Energy and other matters relating to utility regulation and to increase the contract amount in Account 97-100-013-1515-B "Intervention - FERC Utility Regulation" by $250,000, the agreement is amended by enacting new sections 1, 4 and 5 to read substantially as set forth in Attachment #1 to this ordinance.

 

Section 2. That the funds to support this additional work is provided for in Ordinance 970360 which reestimates and reappropriates sums at the end of the current fiscal year.

 

Section 3. That this ordinance shall be effective at the later date of the effective date of Ordinance 970360 or ten days following passage of this ordinance.

 

_________________________________________________________________

 

Approved as to form and legality:

 

 

 

 

____________________________________

Assistant City Attorney
AMENDMENT TO AGREEMENT APPROVED BY ORDINANCE 960772

 

BETWEEN

 

VERNER, LIIPFERT, BERNHARD, McPHERSON AND HAND, CHARTERED,

 

AND

 

KANSAS CITY, MISSOURI

 

(Ordinance 970407)

 

The agreement entered into between Verner, Liipfert, Bernhard, McPherson and Hand, Chartered, and Kansas City, Missouri, approved by Ordinance 960772 is amended by replacing sections 1, 4 and 5 with the following provisions:

 

1. Scope of Service. Special Counsel will assist the City in the

preparation, review and negotiation of a franchise agreement between the City and Kansas City Power and Light, and continue representation of the City in proceedings addressing the proposed merger of Kansas City Power and Light Company and UtiliCorp United. Special Counsel will assist the City in the preparation, review and renegotiation of a franchise agreement between the City and Missouri Gas Energy. Special Counsel will also provide services to the City generally associated with utility regulation and contractual relationships with utilities upon the request of the City Attorney.

 

4. Compensation. The City agrees to pay Special Counsel, and Special

Counsel agrees to accept, a sum not to exceed Five Hundred Thousand Dollars ($500,000.00) for the performance of the service based on:

 

Clint Vince $275 / hour

Cathy Fogel $250 / hour

Sang Paek $150 / hour

Steve Kearney $ 85 / hour

For those not otherwise listed: Senior Partner and/or Managing Partner at a maximum of $275 / hour; Associates at a maximum of $185 / hour; law clerks at a maximum of $95 / hour; paralegals at $95 / hour. Costs may be paid for mailing, including fax delivery, and copies. Costs exceeding $500 per month shall be preapproved by the City Attorney.

 

5. Method of Payment. The City will pay to Special Counsel the

amount set forth in Section 4 which shall constitute full and complete compensation for Special Counsel's services as described in that Section 4. Such sum will be paid based on an hourly rate provided in Section 4, above, upon receipt by a requisition for payment from Special Counsel.

 

It is expressly understand and agreed that in no event will the total

compensation and reimbursement, if any, to be paid hereunder exceed the sum of Five Hundred Thousand Dollars ($500,000.00) for all of the services described in Section 4. This maximum shall include payments made pursuant to the temporary arrangement which imposed a maximum of $19,900, executed by the parties in May 1996. This maximum shall also include payments already made pursuant to Section 4 as it existed prior to this amendment. Special Counsel acknowledges receipt of payments made by the City up to the effective date of this amendment.

 

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized representatives.

 

CITY OF KANSAS CITY, MISSOURI

A Constitutionally Chartered Municipal Corporation of the State of Missouri

 

 

 

______________, 1997 By:_________________________________ Kathleen A. Hauser, City Attorney

 

 

Approved as to form and legality:

 

 

 

______________________________ William D. Geary Assistant City Attorney

 

VERNER LIIPFERT BERNHARD MCPHERSON

AND HAND

 

 

 

______________, 1997 By: _________________________________ J. Cathy Fogel

 

 

 

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.

 

 

 

___________________________________

Director of Finance

 

 

Approved:

 

 

 

_________________________ Assistant City Manager