R2012-181 AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT

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EXHIBIT"A" SCOPE OF SERVICES/FEE ARRANGEMENT Scope of Services: Albert Ettinger and David L. Wentworth II will provide the legal services described below to the City of Champaign, Illinois, hereinafter the"City", in the manner described regarding a legal challenge in court of the Illinois EPA's renewal of Clinton Landfill Inc.'s chemical waste landfill permit on or about July 5, 2012, hereinafter referred to as the "TEPA Approval", and a legal challenge in court of any U.S. EPA approval of the pending application by Clinton Landfill, Inc. of authority to dispose of PCBs or PCB items at said chemical waste landfill, hereinafter referred to as the "U.S. EPA Approval". 1_ Albert Ettinger and David L.Wentworth II will jointly act in the role of lead counsel and will advise the City on all legal and technical matters relating to the Service Providers prosecution of legal challenges to the TEPA and U.S. EPA Approvals. 2. The Service Providers shall promptly prepare and file the appropriate pleadings in a court having proper jurisdiction, challenging the lawfulness of the IEPA Approval and prosecute said challenge to final judgment in that court. 3. The Service Providers shall notify the City in writing within five business days of any rulings on motions and any final judgment rendered by the court hearing the IEPA Approval challenge, and in the event of any final, appealable ruling or order entered adverse to the City, submit a written recommendation regarding the advisability and basis for an appeal from such ruling or order. 4. If directed to do so by the City, the Service Providers shall prepare, file and prosecute an appeal from an adverse ruling or judgment rendered by the court hearing the challenge to the TEPA approval. 5. The Service Providers shall monitor the progress of the pending Clinton Landfill, Inc. application for the U.S. EPA approval to insure that any challenge to said approval will be filed and prosecuted in a timely manner. 6. The Service Providers shall notify the City in writing within five business days, by U.S. Mail, Fax or E-mail of any U.S. EPA Approval. 7. It is understood and agreed to by the parties hereto that the Service Providers have already performed some review of the administrative record concerning Clinton landfill Inc.'s application for U.S. EPA approval and of the applicable law setting forth the criteria and requirements for such a U.S. EPA approval, pursuant to performance of the Prior Agreement. The Service Providers shall complete, as necessary, any review of the administrative record concerning said approval prior to making any final recommendations to the City regarding any course of legal action to challenge such an approval. 8. Prior to filing any complaint or other pleading in court challenging any U.S.. EPA Approval, the Service Providers will prepare and submit a final written report to the City