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File #: 0439-2015    Version: 1
Type: Ordinance Status: Passed
File created: 2/4/2015 In control: Public Utilities Committee
On agenda: 3/23/2015 Final action:
Title: To authorize the City Attorney to modify an existing contract with the law firm, McNees, Wallace & Nurick, LLC, for specialized legal services in matters relating to the City’s purchase of electric power; to authorize the expenditure from the Division of Electricity Operating Fund; and to declare an emergency. ($75,000.00)
…Explanation

BACKGROUND:

On October 26, 2004, and on behalf of the City, the City Attorney entered into a contract (“Contract”) with the law firm, McNees Wallace & Nurick LLC, a Pennsylvania limited liability company (“McNees”), in order to retain McNees’ specialized legal services in matters relating to the City’s purchase of electric power. The City previously passed Ordinance Numbers 1519-2005 on September 26, 2005, 1384-2006 on July 31, 2006, 0097-2006 on February 13, 2006, 2215-2006 on January 22, 2007, 0748-2009 on June 1, 2009, 1157-2010 on July 26, 2010, 0426-2011 on April 4, 2011, 0989-2012 on June 25, 2012, 2644-2012 on December 10, 2012, and 2785-2013 on December 16, 2013, which all modified the Contract by authorizing various extensions and increases in funding to retain McNees’ specialized legal services, including but not limited to legal services relating to (i) administering a Respond for Proposal (“RFP”) and contract negotiation for the City’s power supply for June 1, 2014 through December 31, 2016; (ii) existing power purchase agreements’ contract issues; (iii) legal issues relating to demand response contracting for department facilities; (iv) legal issues relating to interconnection and power purchase arrangements with renewable energy projects; and (v) assisting in drafting and negotiating purchase power agreements ((i), (ii), (iii), (iv), & (v), collectively, “Services”).

The Department of Public Utilities, Division of Power, continues to need the Services through December 31, 2016. However, additional funding is required in order retain the Services through December 31, 2016. Accordingly, it is necessary to authorize the City Attorney to modify the Contract by increasing McNees’ compensation by up to Seventy-five Thousand and 00/100 U.S. Dollars ($75,000.00) in order to retain the Services through December 31, 2016.

Contract Compliance Number: 231256003 (Expires 12/3/2015)

FISCAL IMPACT: Funding for this expenditure will come from the...

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