City of Columbus - File #: 1157-2010

• File #: 1157-2010
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 7/14/2010
• In control: Utilities Committee
• On agenda: 7/26/2010
• Final action: 7/28/2010
• Title: To authorize the City Attorney's Office to modify and extend the contract with McNees, Wallace & Nurick LLC to review the City's obligation under the Master Service Agreement and the City's existing Gorsuch Power Contract with American Municipal Power ("AMP"), the Efficiency Smart Power Plant (ESPP) Agreement options, among other issues pertaining to power in the Division of Power and Water, and to authorize the expenditure of $50,000.00 from the Division of Electricity Operating Fund and to declare an emergency. ($50,000.00)

Date	Ver.	Action By	Action	Result
7/28/2010	2	CITY CLERK	Attest
7/27/2010	2	MAYOR	Signed
7/26/2010	1	Columbus City Council	Amended to 30 day	Pass
7/26/2010	2	Columbus City Council	Waive the 2nd Reading	Pass
7/26/2010	2	Columbus City Council	Approved as Amended	Pass
7/26/2010	2	COUNCIL PRESIDENT PRO-TEM	Signed
7/16/2010	1	Auditor Reviewer	Reviewed and Approved
7/16/2010	1	CITY AUDITOR	Reviewed and Approved
7/16/2010	1	Atty Drafter	Sent for Approval
7/16/2010	1	CITY ATTORNEY	Reviewed and Approved
7/16/2010	1	Atty Drafter	Sent to Clerk's Office for Council
7/15/2010	1	Utilities Reviewer	Reviewed and Approved
7/15/2010	1	Utilities Drafter	Sent for Approval
7/15/2010	1	UTILITIES DIRECTOR	Reviewed and Approved
7/15/2010	1	Finance Reviewer	Reviewed and Approved
7/15/2010	1	Finance Reviewer	Reviewed and Approved
7/15/2010	1	FINANCE DIRECTOR	Reviewed and Approved
7/15/2010	1	Atty Drafter	Sent for Approval
7/14/2010	1	Atty Drafter	Sent for Approval
7/14/2010	1	Atty Reviewer	Reviewed and Approved
7/14/2010	1	Atty Drafter	Sent for Approval

Explanation

In 2004 the City Attorney entered into a contract with McNees, Wallace & Nurick LLC ("McNees"), a law firm knowledgeable in electric purchase power issues, to assist in drafting and negotiating the purchase power agreement with AEP which currently provides the City's power needs through May 31, 2012. In May of 2010, under a settlement to resolve violations of the Clean Air Act requirements, the U.S. Environmental Protection Agency(EPA) and the U.S. Justice Department announced that American Municipal Power ("AMP") would be permanently retiring the Richard H. Gorsuch Generating Station by Dec. 31, 2012. The legal services and expertise of McNees are now further needed to review the City's obligation under the Master Service Agreement and the City's existing Gorsuch Power Contract with American Municipal Power ("AMP"), the Efficiency Smart Power Plant (ESPP) Agreement options, among other issues pertaining to power in the Division of Power and Water. It is now necessary to increase the City's existing contract with McNees Wallace & Nurick LLC by $50,000 bringing the total contract amount to $255,000.


Contract Compliance Number: 231256003, Expires 05/18/11

FISCAL IMPACT: Funding for this expenditure will come from the Division of Electricity Operating Fund. $50,000.00 was budgeted for these services in the 2010 budget.


EMERGENCY JUSTIFICATION: Emergency is requested to allow the City and American Municipal Power (AMP) to enter into an "Efficiency Smart Power Plant Agreement" by September 30, 2010, as directed by a consent order from the court.


Title

To authorize the City Attorney's Office to modify and extend the contract with McNees, Wallace & Nurick LLC to review the City's obligation under the Master Service Agreement and the City's existing Gorsuch Power Contract with American Municipal Power ("AMP"), the Efficiency Smart Power Plant (ESPP) Agreement options, among other issues pertaining to power in the Division ...