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HomeMy WebLinkAbout2009-126 - Ripple GlassBILL NO. ~~~ `~- ~v2~i ORDINANCE NO. ~~nG~ ~~~ AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH RIPPLE GLASS LLC TO PLACE A GLASS COLLECTION BIN TO AID CTTIZENS IN RECYCLING GLASS CONTAINERS BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: (1) The Mayor is hereby authorized to sign in behalf of the City the attached agreement with Ripple Glass LLC to provide for the City, without charge, a glass recycling bin. (2) Phis ordinance shall be in full force and effect immediately upon passage. ADOPTED AND APPRO qy the Board AId rmen and Mayor of the City of Riverside, Missouri, this 'f3- day of 2009. APP OVED: 0 YOR TTE City Clerk ., ^~ ~ i,~ SITE AGREEMENT This Site Agreement (the "Agreement") is entered into this ~ ay of 2009 (the "Effective Date"), between Ripple Glass, LLC, a Delaware limited liabil' ompan , ss 141 Ri le" ,and with an address of P.O. Box 414197, a ( PP ) with an address of~~~a~ os '). leas and recycles post-consumer gl~, and the parties desire to place a~g~lass ) collection bin (a "Bin") on property owned or leased by Host, with an address of~ /Y !/its/ate' ~~ (the "Property"). NOW, THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the parties agree as follows: 1. Term. The term of this Agreement will begin on the Effective Date and will continue in effect until terminated by either party by giving ten (10) days' prior written notice to the other party. 2. Placement of Bin. Within ninety (90) days from the Effective Date, Ripple will place a Bin on the Property, in a location mutually agreed upon between the parties (the "Site'. The Bin will be a roll-off container, measuring approximately 21' x 7.5' x 7.5', and will be owned by Ripple; Host will have no ownership or leasehold interest in the Bin. 3. Use of Bin. Host will provide the Site for the Bin; permit and encourage the general public to deposit glass food and beverage containers into the Bin; permit Ripple, or its subcontractor, to pick up the Bin when full and replace it with an empty Bin; provide access to the Bin for the purposes contemplated by this Agreement; regularly maintain and police the areas around the Bin, including keeping such areas free from broken glass, trash, ice and snow; and telephone Ripple or its subcontractor when the Bin is approaching capacity, using the telephone number provided by Ripple. Host will designate one or more of its employees to carry out its responsibilities under this Section 3, and provide contact information for such employee(s) to Ripple. 4. Removal and Replacement of Bin. After Host advises Ripple or its designated subcontractor that a Bin is full, Ripple will have the Bin picked up and replaced with an empty Bin. 5. Consideration. Neither party will owe any rentals or similar charges or fees to the other party under this Agreement. Each party believes it will benefit from this Agreement, in part by providing a public service and being associated with an environmentally-friendly local initiative. 6. Losses. Neither party nor its subcontractors will be liable to the other party for any damages, losses, expenses, obligations, claims, actions or other liabilities ("Losses") caused by, or arising out of or in connection with, the acts or omissions of such party or its subcontractors with respect to this Agreement, including, without limitation, any damages caused by Host to a Bin or any damages caused by Ripple or its subcontractors to the Property, the Site, or the surrounding areas, or any Losses caused by either party in connection with the presence, condition, use, pick-up or delivery of the Bins, whether or not caused by the negligence of a party; provided, however, that each party will be responsible for any such Losses caused by (i) its intentional misconduct, (ii) its breach of its express obligations under this Agreement, or (iii) its negligence, but only to the extent such t ..-;J negligence has resulted in a liability owed by the other party to this Agreement to a third party claimant. 7. Insurance. Each party will be responsible for carrying its own public liability insurance, with such carriers, in such amounts, and upon such other terms and conditions, as such party deems appropriate. 8. Notice. Except as otherwise provided in this Agreement, all notices or communications to a party under this Agreement will be in writing and will be considered received when hand-delivered, or one business day after being sent by courier delivery service or by anationally-recognized prepaid express service, in each case addressed as set forth in the first paragraph of this Agreement (or at such change of address as provided in accordance with this Section 8). - ~: Miscellaneous. This Agreement will be governed by the laws of the state of [Missouri/ without regard to conflict of law principles. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and it may not be modified except by an agreement in writing signed by both parties after the date hereof. This Agreement may be signed in counterparts, each of which will constitute an original, and both of which together will constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written, RIPPLE GLASS, LLC By: Nam Title: __/l/`~ ti, HOST By: -L`~~cXa~C~` Name: L'~~./{rzt. C . e s ~ Title: ~Q('Q~Q~