R03-122RESOLUTION NO. R03- I~,~
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING THE EXECUTION OF AN
EXTENSION AND AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND PAUL
W. SMITH ENTERPRISES, INC., D/B/A BOYNTON
TRANSIT ADVERTISING; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on August 5, 1997, by Resolution No. R97-129, the City Commission
approved an agreement with Paul W. Smith Enterprises, Inc., d/b/a Boynton Transit
Advertising, providing for bus shelters and benches throughout the City; and
WHEREAS, the City of Boynton Beach and Paul W. Smith Enterprises, Inc., d/b/a
Boynton Transit Advertising have mutually agreed that the term of the Agreement be
extended for an additional 8 years, to August 7, 2015, with an increase in the number of bus
benches from 50 to 55, and the number of bus shelters to remain at 25;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
rilE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
hereby approve, and authorizes the City Manager to execute the Extension and Amendment
:o Agreement with Paul W. Smith Enterprises, Inc., d/b/a Boynton Transit Advertising, a
:opy of which Agreement is attached hereto.
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this I~' day of July, 2003.
;~oynton Tra~ ' 070703 doc
CITY (~ BO ~Y~O~)q BF/ACH, FLORIDA
ice May~ ....~D~
Co~issioner
EXTENSION AND AMENDMENT TO AGREEMENT
I$
__ day of
THIS IS AN EXTENSION AND AMENDMENT TO AGREEMENT, dated the
~J~|q ,2003, between:
I
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida, hereinafter
referred to as "CITY,"
and
PAUL W. SMITH ENTERPRISES, INC., d/b/a
BOYNTON TRANSIT ADVERTISING
COMPANY, a Florida corporation, its successors and
assigns, hereinafter referred to as "COMPANY."
WHEREAS, on August 5, 1997, by Resolution No. R97~ 129, the City Commission of
the City of Boynton Beach authorized the proper City officials to execute an Agreement with
COMPANY providing for bus shelters and benches throughout the City, said Agreement dated August
8, 1997 ("Agreement"); and
WHEREAS, COMPANY has presented to the CITY a proposal dated April 10, 2003,
to extend and amend the Agreement; and
WHEREAS, CITY and COMPANY mutually agree that the term of the Agreement
should be extended for an additional eight-year period until August 7, 2015, and that the Agreement
should be amended to provide for additional shelters and benches and for alternative shelter designs;
and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the parties agree as follows:
Section 1.
into this Agreement.
The foregoing recitals are true and correct and are hereby incorporated
Section 2. Section 1.5, "Ownership and Location," subsection A, of the Agreement
is hereby amended as follows:
A. CITY grants COMPANY the right to construct, erect, and maintain
bus shelters and benches within the City of Boynton Beach at
S: ~CA~AGMTS~Boynton Transit Amd - Clean.doc
- ~ -
specifically designated locations within the City of Boynton Beach
along the transit systems' bus routes and places of public
convenience. COMPANY may erect up to twenty-five (25) bus
shelters and fifty-five (55) benches upon the road rights-of-way or on
private property, provided the COMPANY obtains any required
easements, lease or license agreements with the property owner of the
site. CITY, to the extent of its ownership of the site, shall reasonably
execute such easements, leases, or license agreements to effectuate
COMPANY's use of the site. All conveyance documents shall be in
a form approved by the City Attorney of CITY.
Section 3. Section 1.5, "Ownership and Location," subsection D, of the Agreement
is hereby amended as follows:
The design criteria for bus shelters and benches shall be subject to
approval by CITY. The design criteria for shelters and benches are
attached hereto and incorporated herein as Exhibit "B" and
Composite Exhibit "C," respectively. Alternate designs for bus
shelters may be submitted to CITY by COMPANY, and are subject to
the approval of the City Manager.
Section 4. Section 4, "Insurance Requirements," subsection A, of the Agreement is
hereby amended as follows:
A. Workers' Compensation.
The COMPANY consists of the owner (1) with no employees and the City
hereby waives the requirement for Workers Compensation, provided that
COMPANY furnishes CITY with an exemption certificate issued by the State
Division of Workers' Compensation. In the event the COMPANY hires any
employees, then the COMPANY shall immediately provide Workers
Compensation Insurance, with statutory limits, including coverage for
Employers' Liability Insurance with limits not less than One Hundred
Thousand ($100,000) Dollars each accident, One Hundred Thousand
($100,000) Dollars each disease, and Five Hundred T housand ($500,000)
Dollars aggregate. In the case of any subcontracted work, COMPANY shall
require the subcontractor to provide statutory Workers' Compensation and
Employers' liability Insurance with the same limits imposed by this subsection.
Section 5. Section 4, "Insurance Requirements," subsection D, of the Agreement is
hereby amended as follows:
S:\CA~AGMTS\Boynton Transit Amd - Clean.doc
- 2 -
All policies shall be endorsed to provide thirty (30) days prior written
notice of cancellation, non-renewal, or reduction in coverage limits to:
Risk Manager
City of Boynton Beach
100 East Boynton beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
COMPANY shall be solely and fully responsible for conditions at the
job site in which a shelter or bench is being constructed or installed,
including the safety of all persons (including employees) and property
during the performance of work. This requirement shall apply
continuously and not be limited to normal working hours, Safety
provisions shall conform to U.S. Department of Labor (OSHA) and all
other applicable Federal, State, County, and local laws, ordinances,
codes and regulations. Where any of these are in conflict, the more
stringent requirements shall be followed. The company's failure to
thoroughly familiarize itself with the aforementioned safety provisions
shall not relive him from compliance with the obligations and penalties
set forth therein.
follows:
Section 6. Section 8, "Contract Term" of the Agreement is hereby amended as
The term of the Agreement shall expire on August 7, 2015, unless otherwise
terminated as provided in this Agreement._The Agreement shall thereafter be
automatically extended for two terms of five (5) years, unless either party
notifies the other of its intention not to renew the Agreement within one
hundred eighty (180) days of the termination date.
Section 7. All the terms and conditions of the Agreement shall carry forward for this
Extension Term, unless otherwise specifically provided in the Agreement.
Section 8. In all other respects the original Agreement between the parties dated
August 8, 1997, and all amendments thereto are hereby ratified, reaffirmed and shall remain in full
force and effect as provided by their terms.
S:~CA~AGMTS~Boynton Transit Amd - Clean.doc
- 3 -
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
WITNESSES:
(CORPORATE SEAL)
CITY '~
OF BOYNTON BEACH
· / Mayor
By
City
'N~~~d as to form:
/~rj~C'ty Attorney
WITNESSES:
[Witntes's-print or type name]
PAUL W. SMITH ENTE1 [PRISES, INC.
/
(CORPORATE SEAL)
STATE OF FLORIDA:
COUNTY OF BROWARD:
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared before me this 2.l&a/d~f~{J'td~ 2003, Paul W. Smith as
S: \CA~AGMTS\Boynton Transit Amd - Clean.doc
President of PAUL W. SMITH ENTERPRISES, INC., a Florida corporation, and acknowledged
he executed the foregoing Extension and Amendment as the proper official of PAUL W. SMITH
ENTERPRISES, INC., for the use and purposes mentioned in it and he affixed the official seal of
the corporation, and that the instrument is the act and deed of that corporation.
Notary Public, State of Florida
(Signature of Notary taking
Acknowledgment)
Name of Notary Typed,
Printed or Stamped
My Commission Expires:
MJP:mjp
Commission Number
Il sus,,, oo,.,.,,s 11
ll~;: t~-'~':~ MY COMMISSION # CC 913630 Ii
II~ EXPIRES: February 24, 2004 /!
S:~CA\AGMTS\Boynton Transit Amd - Clean.doc
- 5 -