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File #: 220056    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 1/13/2022 In control: Special Committee for Legal Review
On agenda: 1/18/2022 Final action: 1/27/2022
Title: Authorizing the City Attorney to execute a Legal Services Agreement(s) with local counsel and lead national counsel for the provision of legal services in an amount not to initially exceed $450,000.00; reducing the Contingent Appropriation by $450,000.00 in the General Fund; appropriating $450,000.00 to the Outside Legal Consulting account in the General Fund; waiving solicitation requirements; and recognizing this ordinance as having an accelerated effective date.
Sponsors: Quinton Lucas
Attachments: 1. fact sheet, 2. 22056-Fiscal Note, 3. 22056-Approp Admin, 4. Authenticated Ordinance 220056

ORDINANCE NO. 220056

 

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Authorizing the City Attorney to execute a Legal Services Agreement(s) with local counsel and lead national counsel for the provision of legal services in an amount not to initially exceed $450,000.00; reducing the Contingent Appropriation by $450,000.00 in the General Fund; appropriating $450,000.00 to the Outside Legal Consulting account in the General Fund; waiving solicitation requirements; and recognizing this ordinance as having an accelerated effective date. 

 

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WHEREAS, the Missouri General Assembly, in Senate Bill (S.B.) 678, which is currently under consideration in the Missouri General Assembly, seeks to increase the amount of funding the City shall provide to the Kansas City, Missouri Police Department by five percent without any input from the citizens of Kansas City, Missouri or its elected City Council; and

 

                     WHEREAS, S.B. 678 would require the City to use all general revenue as a source for the afore-mentioned five percent increase, including, but not limited to, dedicated aviation funding; dedicated water department funding; and dedicated fire department funding; and

 

                     WHEREAS, the Council recognizes both the uniqueness of this issue and the complex and specialized nature of the multiple areas of law involved with Chapter 84 of the Revised Statutes of Missouri and city ordinances and;

 

                     WHEREAS, the Council recognizes the Law Department has obtained professional services from local and national firms in the past on other high profile, important cases;

 

                     WHEREAS, the Council recognizes $450,000.00 was initially spent for local and national firms in the past on high profile, important cases for other professional services in connection with other litigation; and

 

                     WHEREAS, Section 3-35(b)(5), Code of Ordinances, provides that if 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 hereby authorized to negotiate and execute agreements with national and legal counsel to provide legal services and to retain external professional services related to Senate Bill 678, and any similar legislation, in an amount not to initially exceed $450,000.00.

Section 2. That the appropriation in the following account is reduced by the following amount:

22- 1000-179990-B                                                                Contingent Appropriation                                                               $450,000.00

Section 3. That the sum of $450,000.00 is hereby appropriated from the Unappropriated Fund Balance of the General Fund to the following account in the General Fund:

 

22-1000-131506                                                                Outside Attorney Consulting                                                                  $450,000.00

 

Section 4. That the City Attorney is directed that, upon exhaustion of funds identified in Section 4 of this ordinance, to negotiate and provide compensation, subject to appropriation, based upon a fee structure commensurate with the legal skill and knowledge needed and compensated in the applicable markets for such specialized services.

                     

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 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(s) described herein and does hereby waive those requirements.

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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.

 

 

_______________________________

Tammy Queen

Director of Finance

 

 

Approved as to form and legality:

 

__________________________________

Matthew Gigliotti

City Attorney