HomeMy WebLinkAboutCity of Boise - Recycling Orange Bag - UpdatedMeridian City Council Meeting Agenda July 10, 2018 – Page 483 of 522
Meridian City Council Meeting Agenda July 10, 2018 – Page 484 of 522
Meridian City Council Meeting Agenda July 10, 2018 – Page 485 of 522
Meridian City Council Meeting Agenda July 10, 2018 – Page 486 of 522
MEMORANDUM OF UNDERSTANDING Page 1
MEMORANDUM OF UNDERSTANDING
by and between
THE CITY OF BOISE CITY
by and through its
PUBLIC WORKS DEPARMENT
and
THE CITY OF MERIDIAN
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into
the ______ day of _____________, 2018, by and between the city of Boise City, an Idaho
municipal corporation, by and through its Public Works Department (“Boise City”) and the city
of Meridian (“Meridian City”), an Idaho municipal corporation. Separately, Boise City and
Meridian City may be referred to as a “Party” and jointly, Boise City and Meridian City may be
referred to as the “Parties.”
WITNESSETH:
WHEREAS, Boise City franchises with a third party for the operation of a solid waste
collection system within Boise City; and
WHEREAS , a component of the solid waste collection system is the collection of
recyclable plastic products (“Plastics”) generally numbered 3 – 7, including flexible and rigid
plastics, through the residential and commercial collection services; and
WHEREAS, because of recent changes to the recycling market, there is not a current
viable market for certain Plastics; and
WHEREAS , Renewlogy, a Utah based company, has developed a process for petroleum
recovery from Plastics, and would provide an alternative for Boise City to avoid landfilling these
Plastics; and
WHEREAS, Boise City, Dow Chemical Company (“Dow”), Keep America Beautiful
and Happy Family Brands, Republic Services, and Western Recycling have worked together to
launch a Hefty® EnergyBag™ Program (the “Program”) within Boise City which will allow
Boise residents and businesses to recycle certain Plastics which will be shipped to Renewlogy for
petroleum recovery; and
WHEREAS , Meridian City desires to join Boise City in its efforts to recover Plastics by
implementing the Program within Meridian City’s community; and
WHEREAS , Boise City desires to accommodate implementation of Meridian City’s
Program by helping coordinate participation, development, and operation of Meridian City’s
Program; and
Meridian City Council Meeting Agenda July 10, 2018 – Page 487 of 522
MEMORANDUM OF UNDERSTANDING Page 2
WHEREAS , Boise City and Meridian City wish to enter into this MOU to set forth the
duties and responsibilities of each Party as they pertain to the organization and joint effort of this
Program.
NOW THEREFORE , for good and valuable consideration and in consideration of the
mutual covenants herein contained, the receipt and sufficiency of which is hereby acknowledged,
Boise City and Meridian City agree as follows:
A. Term of MOU. This MOU shall be effective from the date signed by both Parties and
shall continue for a term of two (2) years, expiring on the ___ day of ____________, 2020, or
until otherwise terminated as provided by the terms herein. This MOU may be renewed by both
Parties, in writing.
B. Roles and Responsibilities.
1. Meridian City Responsibilities. Meridian City shall be responsible for the following:
i. Meridian City shall coordinate with Boise City regarding participation,
development, and implementation of the Program with in Meridian City; and
ii. Meridian City shall work cooperatively with Boise City on all aspects of
Program compliance including training, communications, tracking and
reporting participation data, and other requirements of the Program; and
iii. Meridian City shall reimburse Boise City the amount of Seven Dollars,
Sixteen Cents ($7.16) per package of Twenty-Six (26) Hefty® EnergyBag™
orange bags, for the purchase of One Thousand Five Hundred (1,500)
packages for the Program. Boise City shall invoice Meridian City a total
amount of Ten Thousand, Seven Hundred, Forty Dollars ($10,740.00) for the
purchase of One Thousand, Five Hundred (1,500) packages. Meridian City
shall pay this invoice from Boise City related to bag purchase within thirty
(30) days of receipt; and
iv. Upon written notification, Meridian City may request to purchase additional
Hefty® EnergyBag™ orange bags through Boise City. If Boise City agrees to
purchase additional Hefty® EnergyBag™ orange bags for Meridian City, the
City shall be reimbursed according to the price and provisions of Section
B(1)(iii) above; and
v. Meridian City shall comply with all terms and conditions of provisions 1
through 6 the Grant Recipient Agreement, which is attached as Exhibit A to
this MOU and is incorporated herein by this reference.
Meridian City shall work cooperatively with Boise City to define the
necessary actions that Meridian City needs to undertake under provisions 7
and 8 of the Grant Recipient Agreement.
Meridian City Council Meeting Agenda July 10, 2018 – Page 488 of 522
MEMORANDUM OF UNDERSTANDING Page 3
2. Boise City Responsibilities. Boise City shall be responsible for the following:
i. Boise City assumes the role as “Organization” as defined in the Grant
Recipient Agreement; and
ii. Boise City shall coordinate with Dow and Meridian City to ensure Program
compliance related to training, communications, tracking and reporting
participation data, and other requirements of the Program; and
iii. Boise City shall purchase One Thousand Five Hundred (1,500) packages of
Hefty® EnergyBag™ orange bags for the Program for Meridian City. Boise
City shall invoice Meridian City for the cost of purchasing the Hefty®
EnergyBag™ orange bags.
iv. Boise City shall work cooperatively with Meridian City to define and identify
“Contamination” including any terms and conditions developed by Boise City
with any third party vendor receiving the Hefty® EnergyBag™ orange bags
and their contents.
C. Termination. Either Party may terminate this MOU without cause by providing the
other Party sixty (60) days’ prior written notice. The authority to terminate this MOU without
cause expressly includes Boise City’s ability to terminate this MOU for the non-appropriation of
funds by the Boise City Council. Either Party may immediately terminate this MOU without
notice if the other Party is in breach or default on any of the terms and conditions of this MOU.
D. Relationship of the Parties. The relationship between the Parties is that of independent
entities. No partnership is formed or intended to be formed by this MOU.
1. Nothing contained in this MOU shall be construed as creating any agency,
partnership, joint venture or other form of joint enterprise, employment or fiduciary
relationship between the Parties and neither Party shall have authority to contract for
or bind the other Party in any manner whatsoever.
2. Neither Meridian City nor any employee, servant, agent, or volunteer of Meridian
City shall be deemed an employee of Boise City.
E. No Endorsement. Nothing in this MOU shall be interpreted as an official endorsement
by Boise City.
1. Meridian City shall not take any action or make any statement, issue any press
release, or publish or print any advertisement suggesting or implying the partnership
or endorsement of Boise City, without the prior written consent of Boise City.
2. Decisions to issue any statements, press releases, advertisements, public service
announcements and similar communications regarding the Program and Boise City or
this MOU and any activities conducted hereunder requires review by Boise City prior
Meridian City Council Meeting Agenda July 10, 2018 – Page 489 of 522
MEMORANDUM OF UNDERSTANDING Page 4
to release. Such materials must be approved in writing by Boise City prior to
issuance.
F. Indemnification. Meridian City shall indemnify, save, hold harmless, and defend, Boise
City, its officers, employees, and volunteers, from, for, and against any and all losses, claims,
actions, judgments for damages, or injury to persons or property and losses and expenses arising,
or which may arise, from any acts or omissions by Meridian City, its servants, agents,
employees, guests, and business invitees, and not caused by or arising out of the tortious conduct
of Boise City or its employees. The provisions of this section shall be deemed to be a separate
contract between the Parties and shall survive the expiration or any default, termination, or
forfeiture of this MOU.
G. Notice. Where notice to either Party is required, they shall be sent to the following
addresses:
If to Boise City: City of Boise
Public Works Department, Environmental Div.
150 N. Capitol Blvd.
Boise, ID 83702
Fax: (208) 433-5650
If to Meridian City: City of Meridian
Attn: City Clerk
33 E. Broadway Ave.,
Meridian, ID 83642
Fax: 208-888-4218
H. Assignment. This MOU shall not be assigned by either Party without the prior written
consent of the other Party.
I. Governing Law. This MOU is and shall be deemed to be a contract entered into and
made pursuant to the laws of the state of Idaho and shall in all respects be governed, construed,
applied and enforced in accordance with the laws of the state of Idaho.
J. Amendment. No amendment to this MOU shall be effective except those agreed to in
writing and signed by authorized officers of both of the Parties to this MOU.
K. Severability. If any provision of this MOU or application thereof is held invalid, such
invalidity shall not affect any other provision or application that can be given effect without the
invalid provision or application. To that end, each and every term, paragraph, and provision of
this MOU is expressly declared by the Parties to be severable.
L. Binding Effect. This MOU and the terms and conditions hereof shall apply to and are
binding upon the heirs, legal representatives, successors and assigns of the Parties.
Meridian City Council Meeting Agenda July 10, 2018 – Page 490 of 522
M. Entire ALYreement. This MOU, including any exhibits, contains all agreements between
the Parties. There are no other representations, warranties, promises, agreements or
understandings, oral, written or implied, among the parties, except to the extent reference is
made thereto in this MOU.
N. Authority. By the signature of its authorized representative on this MOU, each Party
declares and warrants that they are authorized to execute this MOU on behalf of their respective
agencies.
IN WITNESS WHEREOF, the parties have executed this MOU on the date set forth
above.
END OF MOU
[SIGNATURES FOLLOW]
For Boise
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By:
David H. Bieter, Zayor
ATTEST: lsx 1LI-A /
Lynd wry, Ex -Officio' y Cle
For Meridi
By:-
Tamm
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ATTEST:
C. ay Cole(, ity C erk
MEMORANDUM OF UNDERSTANDING
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