Loading...
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)