09/22/2009 Resolutions 2009-234RESOLUTION 2009-234
WHEREAS, in 2008, the federally issued Clean Air Mercury Rule (CAMR) required
the installation of Mercury monitors to measure power plant mercury emissions; and
WHEREAS, the City of Grand Island, Utilities Department awarded the bid for the
purchase of the required mercury monitor at the March 27, 2007 City Council meeting to Sick
Maihak of Bloomington, Minnesota for $149,000; and
WHEREAS, in March of 2008, the Federal District of Columbia Circuit Court of
Appeals vacated the CAMR, voiding the previously promulgated regulatory action; and
WHEREAS, the installed mercury monitoring equipment is not fully functional within
the terms of the specifications; and
WHEREAS, the City has not made any payments to Sick Maihak to date, and will not
be receiving any further billing; and
WHEREAS, no replacement regulation has been developed; and
WHEREAS; Utilities Department staff, representatives from Black & Veatch and
representatives from Sick Maihak, Inc., met to discuss methods to cancel the project, and mutually
agreed that cancellation is an appropriate course of action pursuant to Article GC.15 of the original
contract.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to, on
behalf of the City, to terminate the contract with Sick Maihak, Inc., for the purchase of mercury
emissions monitoring equipment, with no further liability with respect to claims for reimbursement
from Sick Maihak.
Adopted by the City Council of the City of Grand Island, Nebraska, September 22, 2009.
Margaret ornady, Mayor
Attest:
RaNae Edwards, City Clerk
Approved as to Form a s"
September 21, 2009 n City Attorney