HomeMy WebLinkAboutClay Township Regional Waste District
AGREEMENT APPROVED AS 7O FORM BY mil' 1
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THIS` AGREEMENT is herebVentered into by and between;the'Cityof Carmel,
Indiana, by and through-its Board,of Public Works and Safety (" City" ),,and CLAY TOWNSHIP
REGIONAL WASTE DISTRICT; Tndianapolis,.Tndiana (the "Disirict")..
WITNTESSETH THAT inconsideration of the parties' mutual promises and.the
payments to be made by th.e District to the.City`as are,hereinafter provided for; City'sliall, during
theterms of this-Agreement ("Term") provide certain data to and services fo_'r'the Dtstricf 6s are
hereinafter described, as.follows:
TERMS AND CONDI'T'IONS
Teri. The Ternt of this Agreemont'shalf commence on the date on'whicb
it`is,lastsigned by a party hereto' and shall terminate pursuant to
;paragraph 7 (b):hereof.
2. Services. City agrees to provide the following data,servicesto-the District
,
at the stated prices,foeso long as this=Agreement is in:affect:
(a) NON=RESIDENTIAL ACTUAL METER -READS; For monthly
non,resideniial',actual.wa"ter, meter reading data provided. by City
fo Districtduring=the Term, jhe District.will'be charged Fifty-Eight
Cents (50.58) per,read. The District will -request once per year,
readings for two._actual'reads and=the District shall specify the
months for the requested, reads..
(b) RESIDENTIAL;ACTUAL.METERRl-:ADS-,Forresidential
actual water meter reading data provided by City, to-District, once;
per calendar year durin; the Term, the-District will be charged
Fifty-Eight Cents (50.58) per road. 'The District will request.once
per year, readings for Iwo actual reads and the District shall specify
the months for-the "regdestad`reads:
(c) ACCOUNT SERVICES. For the?monthly orgairization and
transfer of inaterreading data,and related account servires by
City to District during theTerm, the,District will.be charged a
flat fee of Eighf Dollars ($80:00) per mbntli.
i) Meter'reidings shall he'iun and el"ectronically'
transinitted by City to the District in a mutually,
agreeable format
ii) Account-services'.providedby-City hereunder_shall
include'up to three {3) hours of client-managernent
assistance,and piograrrrrner assistancexach month
during the'Term,'which assistance may include, but
is',not limited to, information on water meter readings
and.the adininistrative procedures connected with
readings.
`iii) htfonnation provided sh 11 include meter,read,
meter; new customername, move in date, move
outdate.
(d) ADDITIONAL SERVICES: Upon wi itten`request from the`Distriet
and pursuant to mutually agteed upon terms approved in writing by
the parties.hereto; City may perform additional: related account or
techni cal. services fomhe,District hereunder at a rate of Sixty.-Five
Ddllars ($65.00) an.hour.
Payment. All City claims for payment hereunder shall be paid within thirty
(30) days of submission to the, Districf4. Confidentiality: City agrees tfiaf the information provided to it' by the:
District,shall remain confidential except to.the extent .Carmel determines
that the release.of such information i's,required by.law°or-court-order and/or
as ibis needed to provide the services described in this, Agireement.,Subject
to the Above, City-Agrees not,to provide copies of the District's.custoincr list
to any third parties without the, expresswrittenpennission of the District.
5. Liability to Perform Services. City, shall'promptly,notify the,Districtof the
occurrence and'expected duration of any curtailment or stoppage of operations
which may affect its. ability to perform theseriices:dascribed in this
Agreement
6, Force.Maieure. City shall not-be liable forany failure to perform its
obligations as described: in.this=Agreement if such failure results in whole
or in part from any act of God, riot, war, civil unrest; flood, earthquake or
other cause beyond the City's reasonable control (including,.butnot
limited:to,:any mechanical, electronic or,conim mications failure).
Miscellaneous.
(a) Notification and Notices: Any notice, request, consenfor
;r
approval required or permitted to be given under this Agreement
or pursuanm to law shall be iln.writing,and sent by United States
certified or, registered mail, postagupaid,.as follows:
To City
John Duffy, Director of Utilities
766 Third Avenue SW
Carmel, IN 46032
With a copyto:
Carmel 'City.Attorney. City Hall
One_Civic Square
Cannel, TN 46032
To District:
CandyFeltne , Director of Administration'and Customer Scivicer
ClayzTownship,Regional Waste District
10101 North College, Avenue:#A
Indianapolis, IN 46280
(b) Termination.
(i) This Agr`eetrient'rnay tie te.rfninated by'eitlfer party, with
or without cause, upon sixty (60). daysprior written notice
to the.oiher.party.
(ii) City-may terminate this Agreement,upon•ten.(10) days
prior written notice to the'-District if any payment-by the,
District is•overdueby at least thirty (30) days and the
Distinct does not. curersuch default within ten (10) days:
following the date on which such:written notice is received
by the Distract. In such event, imaddition io,any overdue
paynaenCs; the District shall be,lialAe to City for,an.amount
equal:to two (2) months total revenue due tc.Cifybased•upon
-the; invoices for the month preceding the.month in which
notice,of default is received by the Distract,. such payment
constituting the total°ljquidated damages to which City shall
be entitled hereunder-.
(c) Entire Aggreemenf. This Agreement'contains'the contains'themfirc Agreement and
understanding:between the parties hereto and,supersedes,any prior or
contemporaneous written or oral agreements or--representations
berg rccn thein'fespecting the subject matter liefeof.
(d) Amendement. This Agreement may only be amended in writing-by
means of ,a document signed' by duly authorized representatives of
both the District and City thatreferences.tlu`s Agreement;therein.
(e) Successors and Assiens. This Agreement shall not-be assigned-in
whole or part without the written: consent: of ail parties involved'.
(f) Effective Date. This-Agreernenl, shall become effectivewas o`f,the
date on which. itJs last-executed,by?a°party'hereto.
Executed and"approved thisof 2005:
CITY OF.. CARMEL,<INTDL,\NA CLAY- TOWNSHIP-REGIONAL
By and through its Board,ofPublic WASTE DISTRICT
Works and:Safety
By:
By: Date'
Jam rainard Presiding Officer By:
ate: Date]
Mary Burke, Member By:
Date: jp? Date:
Lori S'-Watson, mb r ATTEST:
Date: By:-
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v Fuslomee' .move-ins meter lurrrdlY- Billing eustaue ur
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field descri roe ..move-outs: medin s liaili ad'usomeuts' cii3n-es
Cuslovin None X X- X X- =X .X
Pmp,e Address X
MMIr Address X X X X- X
Sipe Numbes X X X X' X. X
Cdsmmce Number X- X X' X x x
P=el Number, x X' % X X 'X
Mew siu need dntionarv X X. X X` X X
mewrsenal0 X X. X. X X' X
Me[cr Se titp
Outsenald 'X.
Ite .,i.1 e x
Mcwr.eadin used for bills mHCFI •X X X X. X X
Con uda vied iti bAln HCP X:. X. X
}Meter Rcad[r Date
Ourrmdine CP
In rtadin CFI' X
Coaeum lion eredilldebii amowt(FiC _ X-
Soume code adjustment reason (need dietivn l I X
Classi6ealion seaidemial,'commereiaL induserial; m,IiF 0, etc. X I X X X X X
Ski- rode need diedonan; X
7ravble code need diCUdnu X X
•Met, Reaching Raed Code(need efcno_nnry) X• :'< X X` X
REGINPSEF NEW,NOZ,ADJ, FIN - -
Woik Older Number X X, X' X
Welk Udes Re vested Date X. X. X X
! Woik Order Comleted Dare 'X. X; X X
Work Order Update Date x' X X- 'X
Action token red'(ffem Pa6v deadces-need•dictioaa ry) X X X 'X
Cormei mri&60vcode fiom Falco devices - need dlstiu 5. X. X X X
Service Status raciise; uucrive,etc %. X` X X X X
ISvvice Stan Dew ;new customer _ X. X. - X' X 'X
Service Had Date old CUVOlner 'X' X• X `X
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02112/2008 15:,39 3175712265 CARMEL UTILITIES PAGE 02/07;
SETTLEMENT AGREENIENT AND,RELE?:SE
A't HWM AS TO FORM
THIS-SETCL-EME AGR.88MFNT AND RELEASE, made and enteredlinto
ae ?t.
this , f day oi','; 70.06,,by and between the:City"of Carmel;+a municipal
corporation,in Hamilton County, Indiana ,by andthrough its Board of Public Works
(hereinafter referred to°as "CARMEL") and the Clay'Township-Regional Wmte:District,
a sewer'distri6fin Hamilton Comity, Indiana, by'attd'tbrough its Board of Trustees
(hereinafterrefi:rred to•as•"AlST12IC7"').
WITNESSETH,THAT:
WHEREAS; Carmel and the District entered into a Mnnicipal'Wastewater Service
Agreementon n-the le day of Julie; 198 which was subsequently amended by aFirst:
Amendment, a Second Amendment, and?a'Ihhird Amendment thereto (hcreiDalfter
collectively referred to as"`WASTI WAT R AGREEMENT'),' under which Wastewater
Agteemant Carmel agreed to accept from the District; wastewater, liquid waste, and
sewage of th.e District, and further.agreed to treat and dispose the same in a ,proper
manner at its sewer-treatment plant;
WFTEP EAS, said Wastewater' Agreement included rates and charges, subject to
change from time to time;
W11EF EAS, a dispute hasarisen between Cannel aad the District regarding the
propiiety and calculation of particular.rates and charges that werc:effective: on or about
November 15.. 2005'(hereinafterreferredto as"RATE'JNCREASE"),;and.spec' iicaliy
PILOT. rates related thereto; and
WRT,;REAS, Carmel',and the'Districtdesira,to amicably, settle,all'terrns of the
dispute relates to the Rate, Increase..
02/12/2008 15:39 31757-12265 CARMEL UTTL,TTTES PAGE 03/07
NOW, TFTEREFORE, it,is hereby agreed, by and between Carmel.and the
'District, that.the dispute regarding the kRate;Increase and the PILOT rates contained in the
Rate increase pursuant to the Wastewater Agrcetuentis hereby. settled as follows:
L The parties agree;that.Carmel shall withdraw the PILOT rates?from the Rate
Inereasejncluding amounts presentiy accrued•and amounts to accrue,in the `future,
related to the WsstmaterAgreementand Rate Increase, effective as of'thelSeptember
2006'chargcs under,the Wastewater Agreement.
2. The partaes'agree`.thai Carmel shall credit the District in the arimbunt of
$2%902.11, toward future :due.and payable cbarges, in full settlement for all. PILOT rates
already collected by Carol from the District pursuant to;the Rate increase for services
rendered prior to,$eptember'2006. The,patties.further agree.that such credit will be.made
-within thirty (30) days of the execution of:this.agreement and will'be;infull satisfaction
of all disputes arising between the,parties uuder:the Wmicwater.Agreementand'Rate
Increase.regarding PILOT rates.
3,. The,parties agree and stipulate that the attached 'Exhibit A," the Calculation of
Wholesale Rate' for Operation and,Maintenance Costs and Replacement Cost on
Equipment are proper _and-afire accepted by the parties, that it shall supersede,atl pr6ious
calculations, and that it shall beincorporated into this`Settlement^Agreement and shall
become effecti've;for the September,2006 charges and immediately-as of the execution of
this Settlement, Agreement.
4, The parties agree that by entering into this agreement, no party admits Any
liability to any otherpaTty and each-party expressly denies liability:fb all other,paities.
02/12/2008 15:39 3175712265 CARMEL UTILITIrS PAGE 09'/07
5. The parties agree that this ;agreement is the final, complete, and integrated
agreement between the parties relating to, the Rate IriereasejILOT ratm and/or. charges
pursuant to the Agreemb-ht; and any other agreement, oral or in' writing, made either
before, after,.or. contemporneous with this agreement does not operate tc.negate, modify,
or affect; in any way any term or terms of,this agreement,
IN WI"T"NESS CV pE EOT, the parties hereto have executed this agreement effective this
&y of 0,,tober 2006;
CITY OF CAR \4EL
bjits:BOARD OF PUBLIC
WORKS;&"SAFETY
ATTEST:
Clerk-Treasurer
Date
THE CLAY TOWNSHIP REGIONAL
WASTE DISTRICT
------ p-r-e5i7lj-eKt
ATTEST:
22
Secretary
Date
02/12/2008 15:39 3175712265 CARMEL UTILITIES PAGE 05/07
CITY OF CARNIEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
Presiding
Date: *Mary. ke, .Member
Date:
LoriWats n embrr
Date: Ilk
I p
ATTEST:
Treasurer
02/12/2008 15:39 3175712265 CARMEL UTILITIES PAGE 06/07
STATE OF INDIANA
COUNTY OF. Jc2?
SS:
Before me, a 'Notary Public in and for said County and State, personally appeared James
Brainard Marv Ann Burke. and Lori Watson, by me known to be the Members of the City of
Carmel Board of. Public Works and Safety, and Diana L. Cordray Clerk-Treasure of the City of
Carmel, who acknowledged the execution of the .foregoing "Agreement" on behalf of the City of
Cannel, Indiana.
Witness my hand and Notarial Seal this s-? day of V60 ba.¢ 2006.
Dingy
NOTARY PUBLIC'
My Commission Expires: Printed Name
My County of Residence:
Date:
02/12/2008 15:39 3175712265 CARMEL UTILITIES PAGE 07/07
Ex:HMIT A
CARMEL MUNICIPAL SEWAGE WORKS
Carmel, Indiana
Calculation of Wholesale Rate for Operation and Maintenance Costs
and Replacement Cost on Equipment
Clay Township Regional Waste District
2004
Total Costs
Annual eration and Maintenance Costs
Treatment Plant Expense
Sludge Handling Disposal. Expense
Collection System Expense
Interceptor Sewers
Collection
Lift Station -106 Stri:et
Billing and Collecting Expense
Subtotal
General and Administrative Expense
Less: PILOT
Subtotal
Total Annual Operation and Maintenance Costs
Annual Replacement Costs of Equipment for Items
Benefiting Wholesale Customers
Total Annual Operation and Maintenance Costs
and Replacement Costs on Equipment
Divide by: Total Annual Flow Received at Carmel
Treatment Plants (in million gallons)
Rate per Million Gallons on Plow to
Clay Township Regional Waste District
Current Rate per Million Gallons
Rate Increase
$ 2,010,889
59,770
180,176 (2)
720,703 (2)
53,696
300,795
3,326,029
810,156
(220,050
590,108
3,916,137
351,492. (4)
$ 4,267,629
3,580
$ 77920
$ 664A5
17.27%
(1) Includes allocation of Taxes Other Than Income Taxes
(2) Total costs based on estimation that 20% of sewer collection relates to North/South. Interceptor and
remaining 8076 to ttw City of Carmel sewer lines.
(3) Allocation percentage is calculated by dividing Shared Casts by Total Costs.
(4) Costs provided by Brim Houghton of Jones & Henry Engineers, Ltd.
Allocation
Percentage
Shared
Costs
100.00 % $ 2,010,889
100.00 59,770
2,070,659
6226 (3) 367,401
2,438,060
100.00 35IA92
$ 2,789,552