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File #: 22-0216    Version: 1 Name: 2/7/22 Bodman 8th Amendment to Gelman Contract
Type: Resolution Status: Passed
File created: 2/7/2022 In control: City Council
On agenda: 2/7/2022 Final action: 2/7/2022
Enactment date: 2/7/2022 Enactment #: R-22-028
Title: Resolution to Approve the Eighth Amendment to Professional Services Agreement with Bodman, PLC, for Legal Services Relative to 1,4-Dioxane from Gelman Sciences, Inc., dba Pall Life Sciences ($95,000.00)
Attachments: 1. Bodman PLC Gelman Am #8.pdf
Title
Resolution to Approve the Eighth Amendment to Professional Services Agreement with Bodman, PLC, for Legal Services Relative to 1,4-Dioxane from Gelman Sciences, Inc., dba Pall Life Sciences ($95,000.00)
Memorandum
The City has previously litigated against Gelman Sciences, Inc., dba Pall Life Sciences (Gelman) relative to the 1,4-dioxane that Gelman released at its property in Scio Township that has migrated as one or more plumes, via aquifers, both under properties within the City of Ann Arbor and under properties in Scio Township.

On October 27, 2016, the Michigan Department of Environmental Quality (MDEQ) promulgated, and Governor Snyder approved, an emergency cleanup criterion of 7.2 ppb for 1,4-dioxane, replacing the 85 ppb criterion that was previously in effect, and that cleanup criterion of 7.2 ppb has since been adopted on a non-emergency basis.

Under the circumstances, the State was in negotiations with Gelman regarding possible revision of the consent judgment. In December 2016 the City, various Washtenaw County parties, and the Huron River Watershed Council moved and were granted permission to intervene in the case between the State and Gelman. In February 2017, Scio Township also was granted permission to intervene. Although the intervening parties can pursue litigation as parties to the case, the City and other intervenors became involved in the negotiations and met on a regular basis in an effort to reach agreement on an amendment to the consent judgment satisfactory to the intervening parties. Since the 7th Amendment was entered on May 1, 2021, there has been much activity in the case including motions to reconsider, motion for stay the state court litigation, emergency appellate review, and briefing in the Court of Appeals and Supreme Court.

Including amendments 1 through 7, the contract with Bodman, PLC, has reached $797,500.00 for legal services, and, $27,500.00 for the City's share of expert services.

The total cost of the firm's ad...

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