Corrected
Feb. 28, 2011
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE appropriating $85,000.00 from the undesignated fund balance of the Self-Insurance Fund in acceptance of payment from the County's engineering consultant to cover its portion of the settlement related to the construction of the Woods Chapel Road Project, No. 2293 and authorizing the payment of $85,000.00 to Amino Bros. Co., Inc., of Kansas City, KS, to finalize this settlement.
Intro
ORDINANCE #4299, February 28, 2011
INTRODUCED BY Bob Spence, County Legislator
Body
WHEREAS, the Legislature did, by Resolution 16511, dated January 22, 2008, award a contract to Amino Brothers Company, Inc., of Kansas City, KS, in the actual amount of $7,823,471.06, for the Woods Chapel Road Project, No. 2293; and,
WHEREAS, in the course of its work on this project, Amino Brothers Company, Inc., claimed that it incurred significant damages due to inadequate specifications contained in the bid documents that are attributable to the County, the City of Lee's Summit, and Burns & McDonnell Company, Inc., the County's engineering consultant, and for which the County, the City of Lee's Summit, and Burns & McDonnell Company, Inc. are liable; and,
WHEREAS, the Legislature did, by Resolution 17472, dated January 18, 2011, authorize the settlement of the claim against the County in the amount of $17,500.00; and,
WHEREAS, Burns & McDonnell Engineering Company, Inc.'s portion of the settlement is $85,000.00, which will be paid by the County from funds provided by Burns & McDonnell; and,
WHEREAS, an appropriation is necessary to place the funds in the proper spending account; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, that the following appropriation from the undesignated fund balance of the Self-Insurance Fund be and hereby is made:
DEPARTMENT/DIVISION CHARACTER/DESCRIPTION FROM TO
Self-Insurance Fund
Non-Departmental
060-9999 47045 - Settlements & Jgmts $85,000
060-2810 Undesignated Fund Balance $85,000
060-2810 Undesignated Fund Balance $85,000
060-5160 56380 - Uninsured Claimants $85,000
and,
BE IT FURTHER ORDAINED by the County Legislature of Jackson County, Missouri, that the Director of Finance and Purchasing is authorized to issue a check in the amount of $85,000.00 to Amino Brothers Company, Inc., pursuant to the specific direction of the County Counselor.
Enacted and Approved
Effective Date: This ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
______________________________ ____________________________
Chief Deputy County Counselor County Counselor
I hereby certify that the attached Ordinance, Ordinance #4299 introduced on February 28, 2011, was duly passed on February 28, 2011 by the Jackson County Legislature. The votes thereon were as follows:
Yeas ________9_______ Nays _______0______
Abstaining ______0_____ Absent ______0______
This Ordinance is hereby transmitted to the County Executive for his signature.
____________________ ________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance #4299.
____________________ _________________________________
Date Michael D. Sanders, County Executive
Fiscal Note
Funds sufficient for this appropriation are available from the source indicated below.
ACCOUNT NUMBER: 060 2810
ACCOUNT TITLE: Self-Insurance Fund
Undesignated Fund Balance
NOT TO EXCEED: $85,000.00
This is a balance otherwise unencumbered to the credit of the appropriation to which the expenditure is chargeable and there is a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made each sufficient to provide for the obligation herein authorized.
_________________________ _________________________________
Date Director of Finance and Purchasing