R21-114 1 RESOLUTION NO. R21-114
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A
5 SECOND AMENDMENT TO THE FRANCHISE AGREEMENT WITH FLSC,
6 LLC., FOR A TEXTILE RECYCLING PROGRAM AND DESIGNATE THE USE
7 OF FUNDS POLICY FOR THIS REVENUE GENERATING CONTRACT;AND
8 PROVIDING AN EFFECTIVE DATE.
9
10
11 WHEREAS, On July 17, 2018 the City Commission authorized the City Manager to
12 enter into a Franchise Agreement with FLSC, LLC,d/b/a Florida Textile Recycling Programs
13 of Davie, Florida for a Textile Recycling Franchise, RFP No. 009- 1210- 18/IT, for an initial
14 three (3) year term; and
15 WHEREAS, At the June 2, 2020 City Commission meeting a proposal was made
16 by the franchisee to modify the Franchise Agreement. The addendum to the agreement
17 modified the franchise revenue from from 50 bins to the allowance of no more than 15
18 bins. In addition, FLSC, LLC. is only required to pay for bin locations that are on a property
19 the month before; and
20 WHEREAS, The attached addendum puts into place the current franchise
21 agreement at a rate of$175.11 per bin per month ($2,101.26 annually with CPI adjustment)
22 (up to 15 bins) from the contract period August 7, 2021 through August 6, 2022. The
23 additional contract years from August 7, 2022 through August 6, 2024 would make every
24 attempt to increase the amount of bins that could be put out to at least 20 bins but no
25 more than 50, resulting in approximate revenue increase of $42,025.29 annually plus CPI,
26 whichever is greater; and
27 WHEREAS, this is a revenue generating contract and the City Commission has
28 requested designating a portion of these funds to be used towards specific projects; and
29 WHEREAS, allocation of funds from this revenue generating contract would follow
30 the same policy as the Community Support Funds and would have to be approved by
31 Commission before being expended.
32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
33 OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESO\Agreements\Second Addendum To Textile Franchise Agreement -Reso.Docx
34
35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
36 being true and correct and are hereby made a specific part of this Resolution upon adoption
37 hereof.
38 Section 2. The City Commission approves and authorizes the City Manager to sign
39 a Second Addendum to Franchise Agreement with FLSC, LLC., for a textile recycling program
40 and designate the use of funds policy for this revenue generating contract, a copy of the
41 Second Addendum is attached hereto as Exhibit "A".
42 Section 3. This Resolution shall become effective immediately upon
43 passage. PASSED AND ADOPTED this 21st day of September, 2021.
44 CITY OF BOYNTON BEACH, FLORIDA
45
46 YES NO
47
48 Mayor—Steven B. Grant
49
50 Vice Mayor—Woodrow L. Hay ✓
51
52 Commissioner—Justin Katz l✓
53
54 Commissioner—Christina L. Romelus ✓
55
56 Commissioner—Ty Penserga
57
58
59 VOTE S—D
60 ATTEST:
61
62
63g-
64 C 7tal Gibson, MMC
65 City Clerk
66
67
68 (Corporate Seal)
•
S:\CA\RESO\Agreements\Second Addendum To Textile Franchise Agreement -Reso.Docx
R21-114
SECOND ADDENDUM TO
FRANCHISE AGREEMENT
This Second Addendum ("Addendum") to the Franchise Agreement ("Agreement")
between the City Of Bgynton Beach, Florida and FLSC, LLC for textile recycling and collection
is entered into this day of September,2021.
WHEREAS, the CITY issued a Request for Proposals for the operation of a Textile
Recycling and Collection Franchise; and
WHEREAS, the CONTRACTOR, in response to the RFP (009-1210-18/IT), submitted a
proposal which was relied upon by the CITY in selecting the CONTRACTOR to operate the
Textile Recycling and Collection Franchise; and
WHEREAS,the CONTRACTOR encountered operational challenges which resulted in an
inability to make timely franchise fee payments; and
WHEREAS, Contractor has proposed new terms and conditions of the Agreement which
the City is amenable to as hereinafter set forth and shown as amendment to specific section of the
Agreement.
NOW THEREFORE,FOR GOOD AND VALUABLE CONSIDERATION of the mutual
terms, conditions, promises, covenants, and payments hereinafter set forth, CITY and
CONTRACTOR agree to the amendments of the Agreement as follows.
H. Collection Bin shall mean any metal receptacle, with a defined capacity equal to a
maximum of 800 pounds designed or intended to be manually dumped into a loader-
packer type collection truck. All such Containers must be clearly marked in a manner
that identifies it as a Textile Recycling receptacle (a/k/a collection receptacle) so as to
prohibit their use for the disposal of other solid waste,medical waste,hazardous waste or
foreign objects. The receptacle shall display the CITY logo and CONTRACTOR
information, including the name, telephone number, and physical address of the
business. CONTRACTOR shall put the following statement on each collection
receptacle: "This is not a charity. Textile recycling collections made here support a for-
profit business and are not tax deductible." In addition, these containers shall include a
notification system that will help limit the number of container pickups. The quantity,
style and color(s) of the Textile Recycling Collection Receptacles shall be approved by
the City Manager or his/her designated representative(s).
K. Contract Year shall begin on August 6, 2 0 21 at 12:00 a.m., EST, through August
7th, 2022 at 11:59 p.m., EST. Each subsequent year shall begin on August 6th. and end
on August 7t. The Agreement ends August 5, 2024 with an option to renew for an
additional 3 year term.
{00379799.2 306-90018211 1
3.2 COLLECTION BIN LOCATIONS
Upon contract execution,CONTRACTOR must make every attempt to erect, in the second year
of the contract, at least 20 collection bins,but no more than 50 collection bins, in consideration
for the annualized Franchise Fee with the annualized CPI Increase. Year one of the contract will
remain at the annualized Franchise Fee with the CPI Increase("$2101.26 per bin location per year
($175.11 per bin location per month)"), at no more than 15 bin locations, on approved CITY
or private properties. Contractor will only pay for bin locations that are on a
property the month before.
The City Manager or his/her designated representative(s)must approve of all proposed containers
prior to placement. The day bin trucks shall be utilized at a maximum of 4 high volume
locations and may be in operation from 9:OOAM-5:OOPM daily. These trucks must be attended
and removed daily.No overnight parking is permitted.
The City Manager or his/her designated representative(s) reserves the right to deny the
CONTRACTOR's collection bins access to certain public lands inside the CITY where it is in the
best interest of the general public to do so due to conditions of such areas, including aesthetics,
streets and traffic flow. The CONTRACTOR shall use best efforts to not interrupt the quality of
life for any residents. No collection of any Textile Recycling Collection Bin may be undertaken
before 7:00A.M. or after 7:00P.M. on any week day and no collection may occur on any
Saturday, Sunday or Holiday. CONTRACTOR may seek exemption for collection regulations
found herein from the City Manager or his/her designee if it can be shown that no deleterious
impact upon Boynton Beach residents will occur.
Prior to its placement of a Textile Recycling Collection Bin on a CITY-OWNED property,
CONTRACTOR shall request and receive the written approval of the CITY for any Public Property
location placement;
Prior to the placement of any Textile Recycling Collection Bin on privately-owned property, the
CONTRACTOR shall submit written authorization from the Private Property Owner permitting
said placement that shall be submitted to the CITY prior to the approval of any private property
location.
SECTION 4: FRANCHISE AGREEMENT TERMS
4.1 FRANCHISE FEES
The Franchise Fees I Payments shall be paid as follows:
CONTRACTOR will pay annually to the CITY$2,101.26 per bin location (with CPI adjustment)
as Guaranteed Annual Revenue. The Guaranteed Annual Revenue will be paid on a prorated basis
with a $175.11 per bin location per month payment due the first day of each month during the
Term of this Agreement. Commencing August 7, 20 2 1 through August 6, 2022. For
subsequent renewal years August 7,2022-August 6,2024 the guaranteed revenue stated above,
{00379799.2 306-9001821} 2
will be adjusted in accordance with the Consumer Price Index- All Urban Consumers'(Series
IDCUURA320SAO and CUUSA320SAO) for Miami-Fort Lauderdale as published by the US
Department of Labor, Bureau of Labor Statistics, or successor agency. The vendor will make
every attempt to increase from fifteen(15)bins to at minimum twenty(20)(no more than 50)
in years two through four of this current addendum.
If the agreement is terminated the parties agree that any payments due, will be prorated to
the actual termination date.
SECTION 18: PRIOR AGREEMENTS SUPERSEDED
This Addendum,together with the Agreement its the final and complete understanding of the
parties and incorporates or supersedes all prior negotiations, correspondence, conversations,
agreements,and understandings applicable to the matters contained herein.The parties agree that
there is no commitment, agreement, or understanding concerning the subject matter of this
Addendum and the Agreement that is not contained in this written document. Accordingly, the
parties agree that no deviation from the terms hereof shall be predicated upon any prior
representation or agreement,whether oral or written.
All other terms and conditions set forth in the Agreement.except as modified in this
Addendum, will remain in full force and effect for the term of the Agreement
IN WITNESS WHEREOF,the parties have caused these presents to be executed and
attested to by their duly authorized officers or representatives and their official seals to be affixed
hereon,the day and year first above written.
CITY OF BOYNTON BEACH, FLORIDA
Attest:
/d� By:
C stal Gibson, MC, City Clerk Lori LaVerriere,CityMana_-r
El day of SOe teevi ke&,2021
Approved as to form and legality ti `}}
g Y b Y i cs� ,, $�>. r
Office of the CITY Attorneys °.
Y k
By: i 1920
J. es A. Cher. Y Atto w
foe
(00379799.2 306-9001821)
CONT TORRW FLSC,LLC
vv V`tr
Signature
Prim Name and Title Print Name and Title
iday of c Ohl&!`tZ,2021 ,alky of �i'0f5F�2,2021
Signature
112I.1? .� 'h�5
Print Name and Title
fjdda) of St.Prrittomla 2021
STA IT OF FLORIDA
COUNTY OF 1'j2C e 312
BEFORE= \IE. an officer dul) authorized bylaw to administer oaths and take
acknow ledgments.personally appeared b) means of apThysical presence or 0 online notarization,
/1A1-1s7 C ---NrxA-7LAS as M(, \. .of FLSC. LLC..an organization authorized
to do business in the State of Florida.and acknowledged executed the foregoing Contract as the
proper official of FL SC. L1.C., for the use and purposes mentioned in it and affixed the official
seal of the corporation,and that the instrument is the act and deed of that corporation. Hetshe is
personalI) know n to me.or has produced E.DQ I 'Ct2S Lifiltrtentitication.
IN\1 IT\I:SS OF THE FOREGOING.I hate set my hand and officio seal in f e State and County
aforesaid on this -;s*6ds' of ', Q rigst 2021. e /
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NOTARY PUBLIC
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Addatta Fuentes.Am
72 C LS ' , Notary Public
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•
Expires 5/12/2025
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