HomeMy Public PortalAbout181-2011 - Sanitary - RP&L - Fly ash AgreementAGREEMENT
THIS AGREEMENT is entered into this _13th day of _December , 2011, by
and between the City of Richmond, Indiana, Department of Sanitation acting through the
Board of Commissioners for the Richmond Sanitary District (hereinafter referred to as
"RSD"), and Richmond Power & Light, a municipally owned utility company owned by
the City of Richmond, Indiana, and acting through Richmond Common Council serving
as its Board of Directors (hereinafter referred to as "RPL").
WITNES SETH:
WHEREAS, RSD owns and operates a solid waste landfill located on New Paris
Pike, Richmond, Indiana, containing approximately 440 acres (hereinafter referred to as
the "Premises"); and
WHEREAS, RPL has a quantity of fly ash and bottom ash (hereinafter referred to
together as "fly ash") from its electric generating operations which it desires to dispose at
the Premises as it ceases its use of coal in its operations; and
WHEREAS, the use of fly ash from RPL as alternative daily ground cover at the
Premises has been approved by the Indiana Department of Environmental Management
(IDEM) as an insignificant facility modification; and
WHEREAS, RSD has determined that the temporary acceptance of fly ash from
RPL would not have an adverse effect on the Premises; and
WHEREAS, it would also be of benefit to RPL to dispose of its remaining fly ash
locally, since it is no longer buying coal and utilizing haulers who delivered coal and
returned fly ash to the source of the coal; and
WHEREAS, both parties desire to put into writing the terms and conditions of a
potential Agreement regarding RPL's use of the Premises for such limited purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein contained, including the above stated recitals, the parties agree as follows:
1. ACCEPTANCE OF FLY ASH AT THE PREMISES. RSD agrees to
accept for disposal at the Premises, from RPL, up to 850 tons of fly ash per week during
the term of this Agreement. Such fly ash shall not contain lime, and shall contain
sufficient moisture to allow for its use as alternative daily ground cover at the Premises.
2. TERM. This Agreement shall be effective immediately upon its adoption
by the parties, and shall terminate February 29, 2012; provided, however, that either RSD
or RPL may terminate the Agreement earlier by giving written notice to the other at least
five (5) days prior to the proposed termination date.
3 COMPENSATION. RPL agrees to pay RSD the sum of Fifteen Dollars
and Zero Cents ($15.00) per ton of fly ash disposed at the Premises pursuant to the
Agreement.
Contract No. -2011
4. CROSS INDEMNIFICATION. RPL shall indemnify and hold RSD
harmless from any and all claims arising from any acts taken by itself, its agents,
employees, invitees or guests in furtherance of its rights and obligations hereunder.
Likewise, RSD shall indemnify and hold RPL harmless from any and all claims arising
from any acts taken by itself, it agents, employees, invitees or guests in furtherance of its
rights and obligations hereunder.
5. INSURANCE. RPL shall maintain and provide general liability
insurance for the benefit of both RPL and RSD in a sum of at least $1,000,000.00 dollars
per person and $2,000,000 dollars per occurrence, during the term of this Agreement and
extension thereof, covering any acts of operation by RPL, or it agents. Such policy shall
also name RSD as an additional insured upon said policy. RPL shall also furnish
continued written proof of such coverage to RSD upon the commencement of this
Agreement and at any further time requested by RSD.
6. NOTICES. Any notice or consent required to be given in writing pursuant
to the terms contained herein shall be sufficient if mailed, return receipt requested, to the
following addresses:
Richmond Sanitary District
ATTN: District Director
2380 Liberty Avenue
Richmond, IN 47374
Richmond Power & Light
ATTN: General Manager
2000 US 27 South
Richmond, IN 47374
or such other address as may be specified form time to time, in writing and delivered to
the other party.
7. CONTROLLING LAW & BINDING EFFECT. This Agreement shall
be construed pursuant to the laws of the State of Indiana and if any term or condition
shall to any extent be deemed invalid or unenforceable, the remainder of this Agreement
shall be valid and enforceable to the extent permitted by law. This Agreement shall
further be binding upon and inure to the benefits of the parties, their agents, successors
and assigns. It shall not be amended but for a writing signed by both parties.
2
IN WITNESS WHEREOF, the parties, through their duly authorized
representatives, sign and execute this Agreement as of the date first written above,
although the signatures may be made on different dates.
City of Richmond, Indiana,
Department of Sanitation
acting through the Board of
Commissioners for the Richmond
Sanitary District
S/S Richard Bodiker
Richard Bodiker, President
S/S Gil Klose
Gilbert Klose, Vice President
S/S Greg Stiens
Greg Stiens, Member
Richmond Power & Light, a
municipally owned utility of
the City of Richmond, Indiana
acting through Richmond
Common Council serving as
its Board of Directors
S/S Bruce Wissel
Bruce Wissel, President
S/S Phil Quinn
Phil Quinn, Member
S/S Diana Pappin
Diana Pappin, Member
S/S Kelley Cruse -Nicholson
Kelley Cruse -Nicholson, Member
S/S James Clams
James Clayton Miller, Member
Absent
Bing Welch, Member
S/S Larry Parker
Larry Parker, Member
S/S Bob Goodwin
Bob Goodwin, Member
S/S Howard Elstro
Howard Elstro, Member