Agenda 09/08/2020 Item #16C6 (Agreement w/FPI)09/08/2020
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute the attached Agreement with
Foodservice Packing Institute (FPI) for a $50,000 grant to purchase a foam densifier and authorize
the necessary budget amendment in order to offer residents foam recycling at Collier County
Recycling Drop-off Centers.
OBJECTIVE: To receive approval to enter into a three (3) year grant Agreement that provides funding
for the purchase of foam recycling equipment, allowing staff to offer a foam r ecycling program to
residents at County-owned Recycling Drop-off Centers.
CONSIDERATIONS: On April 28, 2020 (Item 16C.10), the Board of Collier County Commissioners
(“the Board”) authorized the Solid and Hazardous Waste Management Division (SHWMD) to app ly for a
grant opportunity offered by FPI. The grant agreement terms and conditions provide the recipient a one-
time grant of $50,000 towards the purchase of foam recycling equipment. On July 8, 2020, the SHWMD
was notified by the FPI Grant Coordinator that Collier County SHWMD would be a grant recipient for
the start-up of a foam collection program.
The SHWMD will initiate phase one of a pilot program for foam recycling offering collection of the
material to residents, free of charge, beginning October 1, 2020, at the North Collier Recycling Drop-off
Center. Phase two will begin on January 1, 2021 and will expand foam collection to the Marco Island
Recycling Drop-off center, Tim Nance Recycling Drop-off center, and Naples Recycling Drop Off-center
as well. The XT200E, sold by Foam Cycle LLC, processes raw foam material into a marketable
commodity and the purchase includes equipment acquisition, delivery, installation, staff training, and
maintenance for a one-year period. The processed foam will then be sold to third-party vendors providing
revenue to the SHWMD. As part of the grant Agreement with FPI, collaborative marketing campaigns
will be initiated which will outline the objective for recycling. The pilot program will be evaluated at the
end of the calendar year to consider extending collection service to the remaining four County -owned
Recycling Drop-off Centers.
Residents of Collier County value recycling and understand the importance of preserving the
environment. The SHWMD has received numerous requests through the Qualtrics program for
Styrofoam recycling. This method of foam recycling considers an innovative and progressive approach
for material management in line with the material reuse and recycling component of the Board approved
Integrated Solid Waste Management Strategy. Furthermore, the ability to recycle foam keeps it out of
the landfill, thereby preserving landfill airspace. This approach is also in keeping with the SHWMD’s
focus on strategic ways to reduce or recycle the municipal solid waste stream in order to increase our
customer service level.
FISCAL IMPACT: A budget amendment is required to recognize grant revenue in the amount of
$50,000 within Solid Waste Grant Fund (475), Project No. 33714 (FPI Foam Recycling Project). There is
no required match for this grant. Revenue generated from the grant-funded program is anticipated to
offset any additional costs for marketing and resources and will be deposited in Solid Waste Disposal
Fund (470).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
16.C.6
Packet Pg. 1024
09/08/2020
RECOMMENDATION: To approve and authorize the Chairman to execute the attached Agreement
with Foodservice Packing Institute (FPI) for a $50,000 grant and authorize the necessary budget
amendment for the purchase of foam recycling equipment initiating a pilot program offering foam
recycling to residents for collection at Collier County Recycling Drop-off Centers.
Prepared by: Taylor Sawatzky, Project Manager, Solid and Hazardous Waste Management Division.
ATTACHMENT(S)
1. Collier County grant contract final 8_7_20 (PDF)
2. Closed RLS(14) (PDF)
16.C.6
Packet Pg. 1025
09/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.6
Doc ID: 13137
Item Summary: Recommendation to approve and authorize the Chairman to execute the attached
Agreement with Foodservice Packing Institute (FPI) for a $50,000 grant to purchase a foam densi fier and
authorize the necessary budget amendment in order to offer residents foam recycling at Collier County
Recycling Drop-off Centers.
Meeting Date: 09/08/2020
Prepared by:
Title: – Solid and Hazardous Waste
Name: Bart Zautcke
08/10/2020 8:31 AM
Submitted by:
Title: – Solid and Hazardous Waste
Name: Kari Hodgson
08/10/2020 8:31 AM
Approved By:
Review:
Public Utilities Operations Support Tara Castillo Additional Reviewer Completed 08/18/2020 10:37 AM
Solid and Hazardous Waste Kari Hodgson Additional Reviewer Completed 08/18/2020 11:03 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 08/18/2020 12:54 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 08/19/2020 11:16 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 08/19/2020 1:20 PM
Grants Valerie Fleming Level 2 Grants Review Completed 08/25/2020 8:55 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 08/27/2020 2:29 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/27/2020 2:47 PM
Grants Therese Stanley Additional Reviewer Completed 08/27/2020 4:02 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/28/2020 8:17 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 08/28/2020 3:26 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 08/31/2020 4:56 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/08/2020 9:00 AM
16.C.6
Packet Pg. 1026
1
FOAM RECOVERY GRANT AGREEMENT
This agreement is made and entered into as of the ___ day of _____, 20__ by and between the
Foodservice Packaging Institute, Inc. (FPI) and Collier County (Grantee) individually and collectively the
“Party” or “Parties”.
FPI desires Grantee to recover post-consumer polystyrene foam, including foodservice packaging, as part
of their recycling program and Grantee desires to undertake such efforts, on the terms set forth in this
Agreement.
SECTION 1: RECYCLING OF POST-CONSUMER FOAM
During the term of this Agreement, Grantee shall a) sort or cause to be sorted post-consumer
polystyrene foam, including foodservice packaging, at the recycling facility located at 9950 Goodlette
Frank Rd, Naples, FL 34109 (“Recycling Facility”); b) offer at no additional charge, post-consumer
polystyrene foam, including foodservice packaging, recycling opportunities to all of its residential
customers whose material is delivered to the Recycling Facility; and c) sell densified loads of post-
consumer polystyrene foam to markets.
Total Households served by the County: 130,000
Grantee represents and warrants that upon installation of the equipment described in Section 2 below,
that Grantee will have, and therefore will maintain, the facilities and expertise necessary to perform this
Agreement. Grantee acknowledges that it is not relying on any expertise of FPI with respect to the
suitability of the equipment to be installed pursuant to the grant referenced in Section 2 below for post-
consumer polystyrene foam recycling or other recycling purposes, nor has Grantee relied, nor does it
expect to rely, on any expertise of FPI with respect to post-consumer polystyrene foam recycling or to
the sales or marketing of densified loads of post-consumer foam.
FPI does not, by making grant money available to Grantee as set forth in Section 2 below, make any
representation that it has any expertise with respect to post-consumer polystyrene foam recycling, nor
warrant the fitness of any recycled post-consumer polystyrene foam product for any particular use nor
otherwise endorse such use. The determination to use or not use any such product for a particular
purpose shall be made solely by the purchaser of such product.
FPI does not, by making grant money available to Grantee as set forth in Section 2 below, assume any
liability for the processes to be used by Grantee in performing its post-consumer polystyrene foam
recycling functions hereunder or for the safety of Grantee’s employees, agents or contractors in so doing.
Grantee shall have the responsibility of maintaining a safe workplace.
16.C.6.a
Packet Pg. 1027 Attachment: Collier County grant contract final 8_7_20 (13137 : Foam Grant Award)
2
SECTION 2: GRANT
FPI will provide a one-time grant of $50,000 to the Grantee towards the purchase of equipment that the
Grantee shall use in performing its duties under this Agreement. The grant funds shall be paid upon
confirmation from the Grantee that a) the equipment is on-site and operational at the Recycling Facility;
b) that post-consumer polystyrene foam, including foodservice packaging, recycling is underway; and c)
that residential customers have been informed that post-consumer polystyrene foam, including
foodservice packaging, can now be delivered to the Recycling Facility. Grantee shall provide a written
request for the grant funds that includes documentation that the above conditions have been met by
Grantee within 6 months of the execution of this agreement. The date of the grant fund request shall
be the effective date for purposes of this Agreement (“Effective Date”).
SECTION 3: COMMUNICATION
FPI and grantee will work in partnership to provide project related communication resources. This will
include a sample press releases, web site content, related graphics, and social media messaging.
Written communication from the grantee as it relates to the announcement of the FRC grant
award, notice to the general-public regarding the addition of polystyrene foam and kickoff of the
new collection program, web site content and other press releases related to the collection of
polystyrene foam will be approved by FPI prior to its public release.
SECTION 4: REPORTING
For the term of this agreement, Grantee shall provide FPI with a written report each quarter after the
equipment is installed that shows a) the total pounds of post-consumer polystyrene foam,
including foodservice packaging, recovered and densified for market (both on-site as well as
already shipped) at the Recycling Facility during that 3-month period and b) the total tons of all
recyclables shipped from the Recycling Facility during that period. Grantee understands that FPI
will mention the facility in publicity materials including press release and case study and that data
from the Grantee’s reporting will be shared in aggregate as part of those publicity materials.
Grantee agrees to cooperate in publicizing the benefits of recycling polystyrene foam.
SECTION 5: TERM AND TERMINATION
The term of this agreement shall be three (3) years from the Effective Date. This Agreement shall
automatically terminate upon expiration of the term. This Agreement may be terminated by either
Party due to breach by the other Party of any material provision of this Agreement and fails or is
unable to cure the breach within 45 days of receipt of notice of breach from the other Party.
SECTION 6: HOLD HARMLESS
Each Party agrees to defend, hold harmless and indemnify the other Party and its officers, directors,
employees and representatives from and against all liabilities, damages and costs, including
reasonable attorney’s fees, arising out of any third-party claims caused by or resulting from the
breach of this Agreement by the other Party.
16.C.6.a
Packet Pg. 1028 Attachment: Collier County grant contract final 8_7_20 (13137 : Foam Grant Award)
3
SECTION 7: MISCELLANEOUS
7.1 This Agreement embodies the entire agreement and understanding between the Parties hereto
with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous
agreements and understandings other than this Agreement relating to the subject matter.
7.2 This Agreement will be governed exclusively by, and construed exclusively in accordance with, the
laws of the State of New York.
7.3 In the event that any provision of this Agreement is held to be unenforceable under applicable law,
this Agreement will continue in full force and effect without such provision and will be enforceable
in accordance with its term.
7.4 All notices and other communications required or permitted hereunder will be in writing and will
be delivered by hand or sent via courier, fax or email to (Grantee) Taylor Sawatzky, Recycling
Coordinator; and (FPI) Natha Dempsey.
7.5 This Agreement may be amended only by a written agreement executed by the Parties hereto. No
provision of this Agreement may be waived except by a written document executed by the Party
entitled to the benefits of the provision. No waiver of a provision will be deemed to be or will
constitute a waiver of any other provision of this Agreement. A waiver will be effective only in the
specific instance and for the purpose for which it was given and will not constitute a continuing
waiver.
7.6 This Agreement may be in any number of counterparts, each of which will be deemed an original,
but all of which together will constitute one Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized
representatives.
FOODSERVICE PACKAGING INSTITUTE, INC. COLLIER COUNTY
By: _______________________________ By: ________________________________
Date: _____________________________ Date: ______________________________
Print Name: ________________________ Print Name: _________________________
Title: ______________________________ Title: _______________________________
16.C.6.a
Packet Pg. 1029 Attachment: Collier County grant contract final 8_7_20 (13137 : Foam Grant Award)
16.C.6.b
Packet Pg. 1030 Attachment: Closed RLS(14) (13137 : Foam Grant Award)
16.C.6.b
Packet Pg. 1031 Attachment: Closed RLS(14) (13137 : Foam Grant Award)
16.C.6.b
Packet Pg. 1032 Attachment: Closed RLS(14) (13137 : Foam Grant Award)
16.C.6.b
Packet Pg. 1033 Attachment: Closed RLS(14) (13137 : Foam Grant Award)
16.C.6.b
Packet Pg. 1034 Attachment: Closed RLS(14) (13137 : Foam Grant Award)
16.C.6.b
Packet Pg. 1035 Attachment: Closed RLS(14) (13137 : Foam Grant Award)
16.C.6.b
Packet Pg. 1036 Attachment: Closed RLS(14) (13137 : Foam Grant Award)
16.C.6.b
Packet Pg. 1037 Attachment: Closed RLS(14) (13137 : Foam Grant Award)
16.C.6.b
Packet Pg. 1038 Attachment: Closed RLS(14) (13137 : Foam Grant Award)
16.C.6.b
Packet Pg. 1039 Attachment: Closed RLS(14) (13137 : Foam Grant Award)
16.C.6.b
Packet Pg. 1040 Attachment: Closed RLS(14) (13137 : Foam Grant Award)