R2012-181 AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT

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5. The Service Providers will, during the course of performance of this Agreement, provide the City Attorney with a weekly written report summarizing the progress of the Service Providers progress in investigating the issues described above, and itemizing fees and costs incurred during the preceding month. The itemization of fees and costs shall specifically describe the number of hours devoted to and the substance of the work associated with particular fees and costs. 6. The Service Providers will prepare and submit a final written report to the City Attorney summarizing the Providers' findings and recommendations regarding the issues set forth in the preceding paragraph 2, Said report will include the following information: a. Identification of any Federal, State or local laws that would be violated by any approval granted by the U.S. EPA of the pending application. b. Specific references to information that forms the basis of any conclusions that any Federal, State or local laws would be violated by any U.S. EPA approval of the pending application. c. Identification of available remedies to challenge the U.S. EPA approval of the pending application, including references to any statutes, regulations or Federal or State court decisions that authorize or support the identified remedies. e.An estimate of the cost of retaining the Service Providers to pursue the available remedies identified in accordance with preceding paragraph "c", broken down to include the hourly rates for attorney's fees and estimated out-of-pocket expenses, including expert witness fees, travel expenses and other non attorney fee expenses. 7. The Service Providers will assign necessary professional and support staff in order expeditiously pursue the investigation of legal issues and remedies identified in this scope of services. 8. It is acknowledged by the parties that the opinions of the Service Providers may be rendered prior to the making of the findings and decision of the U.S. EPA in its final order or ruling on the permit application and that the opinions must be reconsidered in the light of such USEPA findings and decision. 9. The City and Service Providers agree and understand that upon receipt of the Service Providers final written report, the City will confer with representatives of the other concerned municipalities for the purposes of reaching an agreement about what further actions the City will direct the Service Providers to take regarding the disposal of hazardous materials at the Clinton Landfill. The Service Providers agree that it shall adhere to the fee arrangement described below with regards to any such further actions provided that the parties are able to agree upon a revised scope of services (i.e. Phase II) with regards to said further actions within sixty days of City's receipt of Service Providers final report. Fee Arrangement: (1) The City agrees to compensate Service Provider at the rates set forth below: a) Albert Ettinger $175.60 per hour b) David L. Wentworth II $175.00 per hour (2) The not-to-exceed amount shall include fees and expenses of whatsoever nature, excluding any out-of-pocket billed expenses, billed separately by the attorney. The attorneys' out-of-pocket expenses shall be limited to the following: 9