HomeMy WebLinkAbout~Master - Extension of Engagement and Retainer Agreement with Ritts Law Group RESOLUTION NO. 14-459
RESOLUTION AUTHORIZING EXTENSION OF ENGAGEMENT AND RETAINER
AGREEMENT WITH THE RITTS LAW GROUP FOR CONSULTING SERVICES
RELATED TO CLEAN AIR ACT
FOR THE CITY OF AMES,IOWA
WHEREAS, in September 2009, the City Council approved the engagement and retainer
agreement with The Ritts Law Group, PLLC, of Alexandria, Virginia, for legal services related to
regulatory compliance with the Clean Air Act; and,
WHEREAS, for the initial agreement, Council authorized expenditure of an amount not to
exceed $100,000, and during the initial 12 months, The Ritts Law Group worked closely with
Electric Services and the Legal Department to evaluate projects scheduled at the steam electric plant
and the combustion turbines; and,
WHEREAS, The Ritts Law Group 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 (PSD) non-applicability
determination; and,
WHEREAS, in September 2010, Council approved an extension of engagement with The
Ritts Law Group for an additional amount not to exceed $50,000, and The Ritts Law Group then
provided engineering and legal analyses necessary to amend the air permits for the power plant as
required by IDNR.Ritts also provided technical assistance to City staff in obtaining a determination
that the wastewater treatment facility and the power plant do not comprise a single stationary source
for air emissions; and,
WHEREAS,more recently,on February 14,2012,Council approved an additional extension
in an amount not to exceed$50,000 so that The Ritts Law Group could continue to provide legal and
engineering assistance to the City of Ames and specifically for Electric Services regarding Clean Air
Act issues,most notably regarding the U.S. Court of Appeals decision regarding the Environmental
Protection Agency's Cross-State Air Pollution Rule (CSAPR); and,
WHEREAS,since its engagement with The Ritts Law Group in 2009,the City has expended
a total of$349,888.92; and,
WHEREAS, additional funding is required for the City to continue to receive analyses and
legal advice from the Ritts Law Group regarding existing Clean Air Act issues and proposed
regulations that currently affect the City's electric utility,or are critical in planning and mapping out
the future of the utility's energy producing resources; and,
WHEREAS,on November 12,2013,the City Council approved converting the power plant
from coal-fired to natural gas-fired; and,
WHEREAS, staff is in the process of filing permits for the conversion which requires
specialized environmental legal support and extensive environmental analysis;in addition,The Ritts
Law Group will be assisting the "vetting"process staff in undertaking to study RDF gasification;
and,
WHEREAS, staff is requesting authorization to extend the engagement with The Ritts Law
Group for an additional amount not to exceed $100,000 (of which funding is available in the
approved FY 2014/15 Electric budget).
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 The Ritts Law Group of
Alexandria, Virginia, in an amount not to exceed $100,000 for consulting services related to the
Clean Air Act is hereby approved.
ADOPTED THIS 26'h day of August, 2014.
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C�A -Y
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Diane R. Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Goodman
Seconded by: Betcher
Voting aye: Betcher, Corrieri, Gartin, Goodman,Nelson, Orazem
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 26`h day of August, 2014.