Schulte said the emergency declaration allows the County to move forward
with clearing trees from the site location for the new detention center.
Under the requirements of the land disturbance permit from the City of
Kansas City, the trees must be cleared by the end March. From April 1
through October each year, the area around the Blue River is protected for
the migration and habitat of an endangered brown bat species. Any delay
beyond April 1 will cause the project to halt until after November 1. The
budget process this year delayed the approval of the guaranteed
maximum price (GMP) for the detention center project. The emergency
declaration allows contractors to move forward with clearing the site without
a formal bid process. This is at an estimated cost of $90,000. There may
be some resale value that will reduce the cost.
Jalen Anderson, County Legislator, asked about the 18-day delay between
when the memo was prepared by Brian Gaddie, Director of Public Works,
on February 2, 2023, and the filing with the County Clerk on February 20,
2023. Mr. Schulte said the Administration was exploring all of its options to
see if there was another way to accomplish the clearing without an
emergency declaration. Mr. Anderson asked if the estimated cost of
clearing the site is part of the GMP. Mr. Schulte agreed. This will be paid
separately, but the GMP will be reduced by this amount.
Jeanie Lauer, County Legislator, clarified that this emergency declaration
does not approve the funds to pay this expense. It only allows the County
Executive to bypass the bid requirements.
Manuel Abarca IV, County Legislator, asked about the limits to
declarations of emergencies. Jay Haden, Chief Deputy County Counselor,
said there are no limits to emergency declarations. There is $25,000
threshold for notice to the Legislature. The County Code has an exception
to allow the Finance and Purchasing Director to award a contract without a
bid when an emergency is declared by the County Executive. Mr. Abarca
asked how Kissick was chosen. Mr. Schulte said they were chosen by JE
Dunn as part of its procurement process. Kissick has sub-contractors that
are minority partners. This will run through the third party WBE-MBE
compliance process.
Donna Peyton, County Legislator, asked where the brown bats will go. Mr.
Schulte said because of the flood plain in the Blue River corridor, there
are certain protections in the area. There are other trees within the County
where the bats are welcome. Ms. Peyton asked about the maximum cost
on this portion of the project. Mr. Schulte said the maximum in $90,000.
Jalen Anderson asked about it being classified as an emergency
procurement. Mr. Schulte said this part of the project is included as part of
the scope within the GMP. Because of the delay in setting the GMP from