09/25/2001 Resolutions 2001-254
I
I
I
RESOLUTION 2001-254
WHEREAS, the U.S. Environmental Protection Agency (USEPA) and Nebraska
Department of Environmental Quality (NDEQ) require that the Platte Generating Station and
Burdick Station monitor plant emissions, maintain emissions data and file quarterly reports (EDR);
and
WHEREAS, the Utilities Department has used the Black & Veatch POWRCEM
System for these functions since August, 1996; and
WHEREAS, in 1999, in order to deal with new USEP A reporting standards and
potential Y2K concerns, the POWRCEM software licensing and support services contracts were
revised and renewed; and
WHEREAS, in 2000, the Utilities Department was informed by USEP A that the data
and reports generated from the new version of the POWRCEM System were obviously flawed and
defective; and
WHEREAS, despite a substantial effort made by Black & Veatch Corporation to
correct the system's problems, the POWRCEM System was not performing to expectations and was
unreliable; and
WHEREAS, based on the unreliability and defects of the POWRCEM System, the
Utilities Department sought and obtained the services of an alternative vendor to provide such data
and reports to the USEP A and NDEQ; and
WHEREAS, after extended negotiations, a settlement has been negotiated with Black
& Veatch Corporation to terminate the software licensing and support services contracts.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the negotiated Agreement and General
Releases by and between the City and Black & Veatch Corporation for the termination of the
Software License and Support Agreement is hereby approved; and the Mayor is hereby authorized
and directed to execute such Agreement and General Releases on behalf of the City of Grand Island.
Adopted by the City Council of the City of Grand Island, Nebraska on September 25,2001.
Q~\\(lL tl1~
RaNae Edwards, City Clerk
Approved as to Form ... '~\;:::,
September 20, 2001 ... City Attorney