Mou/Moa - 2018 - MOU Orange Bag Program / Recycling Program - 5/4/2018MEMORANDUM OF UNDERSTANDING
by and between
THE CITY OF BOISE CITY
by and through its
PUBLIC WORKS DEPARMENT
and
THE CITY OF EAGLE
THIS MEMORANDUM OF UNDERSTANDING (“MOU”)is made and entered into
the 4-day of ~44 132/2018,by and between the city of Boise City,an Idaho
municipal corporation,by anti through its Public Works Department (“Boise City”)and the city of
Eagle (“Eagle City”),an Idaho municipal corporation.Separately,Boise City and Eagle City may
be referred to as a “Party”and jointly,Boise City and Eagle 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 Westem 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,Eagle City desires to join Boise City in its efforts to recover Plastics by
implementing the Program within its community;and
WHEREAS,Boise City desires to accommodate implementation of Eagle City’s Program
by helping coordinate participation,development,and operation of Eagle City’s Program;and
WHEREAS,Boise City and Eagle 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.
Memorandum of Understanding pg.1
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 Eagle 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 _______________,________2020,or until otherwise
terminated as provided by the terms herein.This MOU may be renewed by both Parties,in writing.
B.Funding Support.Dow intends to provide Eagle City onetime funding support in order to
assist with the implementation of the Program within Eagle City.Funding support will be provided
to Eagle City based on household participation in the Program.Funding support will be provided
to Eagle City after the Program is launched and once household participation can be verified.Boise
City makes no guarantee as to the availability of funding support from Dow to Eagle City.In the
event that Dow provides funding support to Eagle City,Boise City will facilitate receipt of this
funding.
C.Roles and Responsibilities.
1.Eagle City Responsibilities.Eagle City shall be responsible for the following:
i.Eagle City shall coordinate with Boise City regarding participation,
development,and implementation of the Program within Eagle City;and
ii.Eagle 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.Eagle City shall reimburse Boise City the amount of Seven Dollars,Sixteen
Cents ($7.16)per package of Twenty-Six (26)Hefty®EnergyBagTM orange
bags,for the purchase of One Thousand (1,000)packages for the Program.
Boise City shall invoice Eagle City a total amount of Seven Thousand,One
Hundred,Sixty Dollars ($7,160.00)for the purchase of One Thousand packages
(1,000)of Hefty®EnergyBagTM orange bags.Eagle City shall pay any invoice
from Boise City related to the Program within thirty (30)days of receipt;and
iv.Upon written notification,Eagle City may request to purchase additional
Hefty®EnergyBagTM orange bags through Boise City.If Boise City agrees to
purchase additional Hefty®EnergyB agTM orange bags for Eagle City,the City
shall be reimbursed according to the price and provisions of Section C(1)(iii)
above;and
v.Eagle City shall comply with all terms and conditions of the Grant Recipient
Agreement,which is attached as Exhibit A to this MOU and is incorporated
herein by this reference.
2.Boise City Responsibilities.Boise City shall be responsible for the following:
Memorandum of Understanding pg.2
i.Boise City shall coordinate with Dow and Eagle City to ensure Program
compliance related to training,communications,tracking and reporting
participation data,and other requirements of the Program;and
ii.Boise City shall purchase One Thousand (1,000)packages of Hefty®
EnergyBagTM orange bags for the Program.Boise City shall invoice Eagle City
for the cost of purchasing the Hefty®EnergyBagTM orange bags;and
iii.Should Eagle City meet necessary participation requirements,Boise City will
supply Dow with an invoice for “Funding Support for Eagle City and the
Hefty®EnergyBagTM orange bags Program Launch.”
D.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 nomappropriation 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.
E.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 Eagle City nor any employee,servant,agent,or volunteer of Eagle City shall
be deemed an employee of Boise City.
F.No Endorsement.Nothing in this MOU shall be interpreted as an official endorsement by
Boise City.
1.Eagle 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
to release.Such materials must be approved in writing by Boise City prior to issuance.
G.Indemnification.Eagle City shall indemniPy,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 Eagle City,its servants,agents,employees,guests,and
Memorandum of Understanding pg.3
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.
H.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 Eagle City:~~Q ~(C
(pLeO €~
10 &1~21t.~
Fax:T5~
I.Assignment.This MOU shall not be assigned by either Party without the prior written
consent of the other Party.
J.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.
K.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.
L.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 tenn,paragraph,and provision of this
MOU is expressly declared by the Parties to be severable.
M.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.
N.Entire Agreement.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.
0.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.
Memorandum of Understanding pg.4
IN WITNESS WHEREOF,the parties have executed this MOU on the date set forth
above.
END OF MOU
[SIGNATURES FOLLOW ON NEXT PAGE]
Memorandum of Understanding pg.5
For B•'
By:
David
ATTEST:
Lowry, Ex -Officio City Clerk
Date: 5/15/18
Date: V 4--/ 6
Memorandum of Understanding pg.6
Grant Recipient Agreement
Keep America Beautiful (KAB), in collaboration with The Dow Chemical Company (Dow), has agreed
to make a grant contribution to your organization, Boise, Idaho (hereafter the "Organization"). This
grant contribution is subject to the following terms and conditions (hereafter the "Contribution
Agreement"):
Project Overview: The Hefty® EnergyBagTM program establishes a way to keep material out of
landfills and demonstrates that non -recycled plastic items — like juice pouches, candy wrappers and
plastic dinnerware — can be collected and converted into a viable energy resource. KAB will provide
Boise, Idaho with a $50,000 grant exclusively for the establishment of new full-scale Hefty®
EnergyBagTM program in Boise, Idaho.
1. Program Name: Hefty® EnergyBagTM Grant Program
2. Primary Partner Name: Keep America Beautiful
3. Partner Representative: Jason Smith, Senior Director, Program Operations
4. Grant Recipient(s): Boise, Idaho
5. Grant Amount ($): $50,000
6. Grant Funding Distribution: The grant will be paid in two installments of twenty-five
thousand dollars ($25,000) each. Twenty-five thousand dollars ($25,000) will be distributed to
the Organization upon receipt by KAB of a signed copy of this Contribution Agreement, and
after the Organization is announced as the grant recipient by KAB. The remaining twenty-five
thousand dollars ($25,000) will be distributed to the Organization within ten (10) business days
of the date the Hefty® EnergyBagTM program is implemented in Boise, Idaho .
The money contributed by KAB is to be used solely for the implementation of the approved Hefty®
EnergyBagTM programs set forth in your grant application, related correspondence, and this
Contribution Agreement. The funds may not be expended for any other purpose without KAB's prior
written approval. Grant funds may not be re -granted or transferred to any other entity without KAB's
permission, except as payment for goods or services to carry out the purposes of the grant. KAB
reserves the right to discontinue, modify or withhold any payments to be made under this grant award
or to require a total or partial refund of any grant funds, if it, in the KAB's sole discretion, determines
such action is necessary: (1) because the Organization has not fully complied with the terms and
conditions of this Contribution Agreement, including timely implementation and successful
management of program for minimum two (2) years; (2) to protect the purpose and objectives of the
grant or any other charitable activities of KAB; or (3) to comply with any law or regulation applicable to
the Organization, KAB, Dow or this grant.
Upon request, the Organization will supply KAB with any and all records of contributions or
Organization activity.
The Organization will allow KAB to review and approve the text of any proposed publicity concerning
this grant prior to its release. In addition, the Organization agrees they will neither undertake nor
cause, nor permit to be undertaken, any activity which is illegal under any laws, decrees, rules,
regulations, treaties, or international directives in effect in the United States (including, without
1
limitation, the Foreign Corrupt Practices Act and other applicable anti -corruption laws, the Sarbanes-
Oxley Act, immigration and export laws, and applicable campaign finance and disclosure laws),
Canada, or other applicable jurisdictions. The Organization agrees that, with funds from KAB or from
any other source, they will not, directly or indirectly, improperly give, offer, or promise, or authorize or
tolerate to be given, offered, or promised, anything of value to any official, entity, or individual with the
intent to (i) influence any act or decision of such official, entity, or individual, or (ii) induce such official,
entity, or individual to use their influence to affect or influence any act or decision, in order to assist
the Organization in any way. The Organization agrees to notify KAB immediately of any extortive
solicitation, demand, or other request for anything of value, by or on behalf of any official, entity, or
individual, relating to the Organization work on behalf of its stakeholders and contributors.
Grant funding may not be used to intervene in any election, support or oppose any political party or
candidate for public office, engage in a substantial amount of lobbying, or for fundraising, litigation, or
terrorist activities.
7. Implementation Plan and Timeline:
Activity
1) Program
Planning
2) Program
Timing
1-3
months
after
receipt of
signed
agreement
<6
Implementation months
after
receipt of
signed
agreement
Every 3
Measurement months
after
program
launch
3) Program
4) Program
Institutionalized
Every
month
after
program
launch
Implementation / Responsibility
The Organization will work with Dow to identify acceptable
community partners (ex: materials recovery facilities,
sponsor(s), and plastics -to -energy facilities) best suited for
program success in approved community. A baseline
assessment of the community's recycling will be taken and
potentially a community survey.
Responsible for implementation: The Organization (Dow to
assist).
The Organization will implement the curbside recycling
program in designated community and distribute
communications announcing the program.
Responsible for implementation: The Organization (Dow to
assist).
Complete data collection measurements including percent
participation, bags collected (# & lbs.), waste diverted, and
composition audit determining the quality of materials
collected by package and plastic types. The Organization
to make adjustments to communications depending on
outcome of measurements.
Responsible for implementation: The Organization (Dow to
assist).
Program institutionalized. Ongoing measurement taking
place and monthly reports to KAB & Dow as detailed
below.
Responsible for implementation: The Organization (Dow to
assist).
2
8. Monitoring, Evaluation and Learning:
o A baseline measurement of recycling rates and MRF contamination will be taken in each
community at the on -set of the project. The Organization will work with the local MRFs and
municipalities to acquire this information.
o Measurement throughout the programs will also be conducted by the Organization with
assistance from local MRFs. This includes frequent measuring of the number of
EnergyBagTM orange bags collected (# & lbs.), households participating, amount of plastics
collected and units of resources recovered. Additional measurements are included in the
table below.
o A minimum of 10% of the grant ($5,000) will be committed to data measurements,
including a survey measuring households perception of the Hefty® EnergyBagTM recovery
program as way to complement recycling of #1-#2 plastics, and divert non -recycled
plastics from landfill. Survey to be completed approximately 6 months after program
launch.
o The Organization will submit quarterly reports to KAB & Dow detailing progress of key
objectives and timelines, and a narrative summarizing expenditures of the grant funds.
The Organization will promptly provide any additional information, reports and documents
reasonably requested by KAB or Dow, including, if requested, the Organization's annual
report and/or audited financial statements, if available.
Key Objectives/Metrics Outcome indicator EMI
1. Successful implementation of - Curbside EnergyBagTM available to full community
Hefty®EnergyBagTM program - Minimum 20% of Boise, Idaho is participating in
EnergyBagTM program
- Surveys after the program implementation to understand
consumer behavior change, including participation rate and
bag purchasing preferences
2. Increase the amount of plastic - # and pounds of EnergyBagTM orange bags collected
waste diverted from landfills - Total amount of plastics collected
- % change in waste diverted from landfills based on
collected EnergyBagTM orange bags
- % of contamination in bags by packaging and plastic types
as determined via composition audits
- Total units of energy resources recovered
Goals: Dependent on size of community and household
participation rate
3. Reduce contamination in MRF - % change in non -recycled plastics removed from recycling
recycling streams stream
Goal: Reduction based on baseline measurement, specific
metric dependent on baseline contamination assessment
3
On behalf of the Organization, I hereby understand and agree to the foregoing grant
contribution terms and conditions, and hereby certify my authority to execute this Contribution
Agreement on the Organization's behalf.
r/i141
I -ME avid H ter
Title: Mayor
Organization: City of Boise
Date: 12/19/17
ATTEST:
C y6Ierk, Lynda Lowry
`s
KAB Rep i
Title: (---c-"o
Keep America Beautiful
Date: tapa..)i 7
4