Minutes 01/13/1987 - Laserfiche WebLink

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445 TUESDAY, JANUARY 13, 1987 -, 4. If, due to business closings or other unusual circumstances, the City's peak demand for a given month is at least 10,000 kilowatts less than the peak demand for the corresponding month for the prior year or the demand is below contract capacity a new Agreement must be negotiated. If a new Agree- ment cannot be reached the City has the right to cancel the Agreement. This is included as protection for the City to insure that the City will not be required to purchase power that it cannot use. The City has the right to terminate the Agreement if Multitrade fails to begin construction by December 1987; abandon construction of the facility at any time after construction begins or fails to begin operation within thirty-six (36) months after start of construction. Either party has the right to terminate the Agreement if the other party violates any of the terms of the Agreement if not corrected in one hundred twenty (120) days. 5. During an emergency or forced outage Multitrade shall, upon request by the City, place the levels of electric output from their facility within the exclusive control of the City and the City has the right to increase or decrease the output of the facility at its discretion. This will enable the City to provide power to emergency facilities such as the hospital, water plant, water pollution control plant, the municipal building, etc., with very little possibility of service interruption. 6. Multitrade is required to provide the costly interconnection from the generating facility to the City's system at no cost to the City. 7. Multitrade is responsible for the maintenance of the generating facility including the interconnection equipment and facilities. 8. The City will install, at Multitrade's expense, necessary Supervisory Control and Data Acquisition (SCADA) equipment to insure the safe and proper operating and scheduling of the facility. The maximum amount to be charged Multitrade by the City for this equipment is $75,000. 9. Any design and installation cost incurred by the City such as consultant fees shall be borne by Multitrade but shall not exceed $25,000. 10. The City, at its expense, will install and own all necessary meters and associated equipment needed to measure energy deliveries and for determining the City's payments to Mul titrade. 11. Each party agrees that it will indemnify and hold the other party harmless from and against all liabilities, action damages, claims, judgments, losses, cost expenses, suits or actions and attorney's fees and will defend the other party in any suit for personal injury to or death of any person or