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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