HomeMy WebLinkAbout~Master - Extension of Agreement with Ritts Law Group for services related to the Clean Air Act RESOLUTION NO. 12-059
RESOLUTION AUTHORIZING EXTENSION OF ENGAGEMENT AND RETAINER
AGREEMENT FOR CONSULTING SERVICES
FOR CLEAN AIR ACT REGULATORY COMPLIANCE
FOR THE CITY OF AMES,IOWA
WHEREAS, in September 2009, the City Council approved the Engagement and Retainer
Agreement with Ritts Law Group(RLG)of Alexandria,Virginia,for legal services related to Clean
Air Act regulatory compliance; and,
WHEREAS,for the initial agreement,the Council authorized expenditure of an amount not
to exceed$100,000,and during the initial 12 months,the RLG worked closely with Electric Services
and the Legal Department to evaluate projects scheduled at the steam electric plant and the
combustion turbines; and,
WHEREAS, RLG provided legal and engineering assistance in support of a number of
matters facing Electric Services, including the City's request to the Iowa Department of Natural
Resources(IDNR)for a Prevention of Serious Deterioration(PDS)non-applicability determination;
and,
WHEREAS,in September 2010,the Council approved an extension of the engagement with
Ritts Law Group for an additional amount not to exceed$50,000 to provide engineering and legal
analysis to amend the air permits for the Power Plant as required by the IDNR, and in March 2011,
an extension of the engagement was also approved for an additional $50,000; and,
WHEREAS,most recently,on November 1,2011,the City Council approved an additional
extension in an amount not to exceed $50,000 so that RLG could continue to provide legal and
engineering assistance with administrative and judicial appeals of the Environmental Protection
Agency's Cross-State Air Pollution Rule (CSAPR); and,
WHEREAS, in response to the City's appeal, the U.S. Court of Appeals has stayed the
implementation of CSAPR until the Court can consider the merits of the case later this spring; and,
WHEREAS, since its engagement with Ritts Law Group in 2009, the City has expended a
total of$249,179; and,
WHEREAS, additional funding is required for the City to continue with the analysis and
advice on CSAPR and a number of related regulatory issues; and,
WHEREAS,staff is requesting authorization to extend the engagement with Ritts Law Group
for an additional amount not to exceed$50,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that authorization to extend the Engagement and Retainer Agreement with Ritts Law Group of
Alexandria,Virginia,in an amount not to exceed$50,000 for consulting services is hereby approved.
ADOPTED THIS 14`'' day of February, 2012.
-A.
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Davis
Seconded by: Goodman
Voting aye: Davis, Goodman, Larson, Mahayni, Orazem
Voting nay: None Absent: Wacha
Resolution declared adopted and signed by the Mayor this 14t' day of February, 2012.