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R2012-181 AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
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R2012-181 AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
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8/20/2015 9:03:19 AM
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Resolution/Ordinance
Res Ord Num
R2012-181
Res Ord Title
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT - MAHOMET AQUIFER
Department
Legal
Approved Date
10/15/2012
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Attorney summarizing the Providers' findings and recommendations regarding any <br /> challenge to said Approval. Said report will include the following information: <br /> a) Identification of any Federal, State or local laws that would be violated by any <br /> approval granted by the U.S. EPA of the pending application. <br /> b) Specific'references to information that forms the basis of any conclusions that <br /> any Federal, State or local laws would be violated by any U.S. EPA approval <br /> of the pending application. <br /> c) Identification of available remedies to challenge the U.S. EPA approval of the <br /> pending application, including references to any statutes, regulations or <br /> Federal or State court decisions that authorize or support the identified <br /> remedies. <br /> d) An estimate of the cost of retaining the Service Providers to pursue the <br /> available remedies identified in accordance with preceding paragraph "c", <br /> broken down to include the hourly rates for attorney's fees and estimated out- <br /> of-pocket expenses, including expert witness fees, travel expenses and other <br /> non attorney fee expenses. <br /> 9. It is acknowledged by the parties that the opinions of the Service Providers may be <br /> rendered prior to the making of the findings and decision of the U.S. EPA in its final <br /> order or ruling on the permit application and that the opinions must be reconsidered in <br /> the light of such USEPA findings and decision. <br /> 10_ The City Attorney shall direct the Service Providers in writing to proceed with any <br /> recommended court challenge to a U.S. EPA Approval within ten business days of <br /> receipt of said report of recommendation and findings from the Service Providers. <br /> 11. The Service Providers will, during the course of performance of this Agreement, provide <br /> the Assistant City Attorney Joseph Hooker with a monthly written report summarizing the <br /> progress of the Service Providers progress in investigating the issues described above, <br /> and itemizing fees and costs incurred during the preceding month. The itemization of <br /> fees and costs shall specifically describe the number of hours devoted to and the <br /> substance of the work associated with particular fees and costs. <br /> 12.The Service Providers will assign necessary professional and support staff in order <br /> expeditiously pursue further investigation of legal issues and remedies identified in this <br /> scope of services. <br /> 13.The City and Service Providers agree and understand that upon receipt of the Service <br /> Providers final written report, the City will confer with representatives of the other <br /> concerned municipalities for the purposes of reaching an agreement about what further <br /> actions the City will direct the Service Providers to take regarding the disposal of <br /> hazardous materials at the Clinton Landfill. The Service Providers agree that it shall <br /> adhere to the fee arrangement described below with regards to any such further actions <br /> provided that the parties are able to agree upon a revised scope of services (i.e. Phase <br /> 2 <br />
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