The URL can be used to link to this page

Home My WebLink AboutMOU City of Boise -Public Works - Solid Waste Collection SystemMEMORANDUM OF UNDERSTANDING by and between THE CITY OF BOISE CITY by and through its PUBLIC WORKS DEPARMENT and THE CITY OF MERIDIAN TS MEMO DUM OF UNDERSTANDING ("MOU") is made and entered into the P79da of 2018, b and between the cit of Boise City, an Idaho Y �'�.,� y y y municipal corporation, by a d 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 Beautifill and Happy Family Brands, Republic Services, and Wester Recycling have worked together to launch a Hefty® EnergyBagTM 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 MEMORANDUM OF UNDERSTANDING Meridian City Council Meeting Agenda July 10, 2018 — Page 487 of 522 Page 1 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 signedI b�y" �both Parties and shall continue for a teen of two (2) years, expiring on the /r% day of�, 2020, or until otherwise terminated as provided by the terms herein. This MOU maybe 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 11. 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 ($7.1.6) per package of Twenty -Six (26) HeftyOO EnergyBagTM 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 (3 0) days of receipt; and iv. Upon written notification, Meridian City may request to purchase additional Hefty® EnergyBagTM orange bags through Boise City. If Boise City agrees to purchase additional Hefty® EnergyBagTM 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. MEMORANDUM OF UNDERSTANDING Page 2 Meridian City Council Meeting Agenda July 10, 2018 — Page 488 of 522 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 11. 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® EnergyBagTM orange bags for the Program for Meridian City. Boise City shall invoice Meridian City for the cost of purchasing the HeftyO EnergyBagTM orange bags. iv. Boise City shall work cooperatively with Meridian City to define and identify "Contamination" including any teens and conditions developed by Boise City with any third panty vendor receiving the Hefty® EnergyBagTM 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 fiinds 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 forined 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 forth 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 MEMORANDUM OF UNDERSTANDING Page 3 Meridian City Council Meeting Agenda July 10, 2018 — Page 489 of 522 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. AssiLinment. 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 terns and conditions hereof shall apply to and are binding upon the heirs, legal representatives, successors and assigns of the Parties. MEMORANDUM OF UNDERSTANDING Meridian City Council Meeting Agenda July 10, 2018 — Page 490 of 522 Page 4 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 &Wow By: David H. Bieter, Zayor ATTEST: lsx 1LI-A / Lynd wry, Ex -Officio' y Cle For Meridi By:- Tamm ity. �, Mayor ATTEST: C. ay Cole(, ity C erk MEMORANDUM OF UNDERSTANDING Date: —� Date: 7 Q��1 �ED AU ; v o (11V of L' E IDIANu- IOAHO $ EAL �R:IheTR�PS� Page 5