R2017-101 Intergovernmental Agreement Regarding Vehicles Manufactured by Pierce

Home Browse Search

CITY OF OTTAWA, ILLNOIS ("Ottawa"), each will be designated an "Original Member." Section 3. Additional Parties. Other governmental units may become members to this Agreement by agreeing to the terms herein. Fully Participating Members will contribute financially to these undertakings in a proportionate amount according to the terms provided in this Agreement and will have the same rights and responsibilities as Original Members. If an additional governmental unit becomes a Fully Participating Member after execution of this Agreement, the total costs incurred by the members will be shared with the new Member pursuant to the cost sharing formula provided below. Any reference to Members in this Agreement means all Original Members and Fully Participating Members who have not terminated their participation as provided in Section 9. Section 4. Lead Agent. The law firm of Ancel Glink will be the Lead Agent on behalf of the Members. The Lead Agent will have the following responsibilities: (a) Contracts. The Lead Agent will prepare contracts with Ancel Glink and other professional service providers as determined necessary by Members to pursue Members' claims against responsible parties and supervise the professional service providers in the course of pursuing Members' claims, including, without limitation, financial, legal and engineering consultants. Such contracts will be entered into as expeditiously as possible in order to meet any applicable statutes of limitation, filing deadlines or other case scheduling requirements. (b) Reports. The Lead Agent will cause reports to be sent periodically to the Members and make available copies of work produced by services purchased under this Agreement. (c) Meetings. The Lead Agent will arrange for meetings of the Executive Committee, if necessary. Section 5. Executive Committee. The Executive Committee will consist of one contact person designated by each Member. Changes in the contact person may be made at any time by a Member upon notice by email or letter to the contact person of the Lead Agent. The Executive Committee may take any action by vote of a majority of those in attendance at a meeting by email or telephone confirmed by email. Approval by a majority of those voting is necessary to take the following actions: (a) Approve a contract with a service provider; and (b) Approve the filing of a legal Complaint on behalf of Members against any responsible party. Section 6. Cost Sharing. Each member will be proportionately liable for the costs for contractual services retained pursuant to this agreement and the Lead Agent's administrative costs as defined below, based upon the relative sizes of each Member's 2