HomeMy WebLinkAbout2008 06 09 Regular 602 Winter Springs Veterans Memorial
City of Winter Springs
Regular Meeting June 9, 2008
060908_COMM_Regular_602_ Veterans_MemoriaLAdditional_Funding
Page 10f2
COMMISSION AGENDA
ITEM 602
Consent
Informational
Public Hearin
Re ular
x
June 9,2008
Regular Meeting
MGR.~PT.
.
Authorization
REQUEST: Rotary Club of Winter Springs requesting the City to consider approving an
increase in its partnership participation for construction of the Winter Springs Veterans
Memorial $20,000, from $50,000 to $70,000 to match an additional increase in participation
from the Rotary Club to complete the Memorial.
PURPOSE: This agenda item is needed for the City Commission to consider approving an
increase of $20,000, from $50,000 to $70,000 to match an additional increase in participation
from the Rotary Club to complete the Veterans Memorial.
CONSIDERATIONS:
On May 25, 2005 the City and the Rotary Club of Winter Springs entered into a partnership to
construct a Winter Springs Veterans Memorial with each party agreeing to fund 50% of the
anticipated $100,000 budget. This project was to be funded from City and Rotary Club cash
contributions in addition to contributed constructions crafts.
Today the project is 90% complete. Due to delays, an 80% increase in construction cost over the
past four years, and craftsmen volunteer contributions that were not realized, the total cost
inclusive of volunteer participation that was realized is between $135,000 and $140,000. Rotary
is requesting the City to share 50% of the cost increase.
FUNDING: The $20,000 would be funded from the 1999 Bond Issue Construction Fund. The
Veterans Memorial is part of the Linear Park approved by the State Office of Greenways and
Trails that connects Magnolia Park to Central Winds Park via Blumberg Boulevard. The Linear
Park is funded from State Grants of $600,000 and the 1999 Bond Issue. Approximately
$1,000,000 is remaining in the construction fund to complete the Linear Park project.
RECOMMENDATION:
It is recommended that the City Commission consider approval of a supplemental appropriation
of $20,000 from the 1999 Bond Issue Construction Fund to complete the Veterans Memorial
Project, and authorize the City Manager to execute Amendment One of the Agreement between
the City and Rotary Club memorializing the additional appropriation.
City of Winter Springs
Regular Meeting June 9, 2008
060908_COMM_Regular_602_ Veterans_MemoriaLAdditional_Funding
Page 2 of2
ATTACHMENTS:
"I" Bill Starmer Letter of June 2, 2008
"2" Amendment One to the City/Rotary Agreement and supporting documentation
COMMISSION ACTION:
ATTACHMENT "I"
Bill Starmer Letter
Re: Winter Springs Veterans Memorial
Additional Funding
Ron
As you know I have been working on this project for the past four years. In doing so many things have changed from
increased material and labor costs in the construction industry to the current economic slowdown where there are less
contractors and subcontractors actively working in the area and less able to offer voluntary services for our project.
Most of the time delay in completion of the project is a direct result of shopping the construction industry to get the best
prices we could to control costs. As a result we have redesigned the projects structure three times, from poured in place
concrete, to precast concrete, to what we are now building it with, a combination of structural steel and precast concrete.
Our original construction estimate was $ 100,000 which both the City and the Rotary Club of Winter Springs agreed to share
50/50. With the project nearing completion and 90 % of the projects expensed being under contract with firm bids, we are
anticipating the final completed cost to run somewhere between $ 135,000 and $ 140,000.
I have met on several occasions with the Board of Directors of the Rotary Club of Winter Springs, and have been successful
in obtaining their continued support and pledge to increase their financial obligation from $ 50,000 to $ 70,000.
I have also spoken with each of the City Commissioners and aside from this being a terrible time to ask the City for money, I
believe, in their hearts they support the project and would like to see it completed if there was some relatively painless way
to increase the City's financial obligation from $ 50,000 to $ 70,000.
To that end, please accept this letter as a written request for the City to match the generosity of the Rotary Club and increase
its financial obligation from $ 50,000 to $ 70,000 as well.
820 W. BROADWAY ST..
SUITE 3000
OVIEDO. FL 32765
(P) 407-977-1080
(F) 407-977-1019
AA0002984
WWW.SRIARCH.COM
I have include the original agreement between the City and Rotary Club, a proposed amendment to same, pictures of the
model of the memorial, and current cost summary as back up information for the Commissioners, and I look forward to
being place on an upcoming Commission Agenda at your earliest convenience.
Regards
~J
,~--"~""-'"
Wm E Starmer AlA NCARB
President
ATT ACHMENT "2"
Amendment One
Supporting Documentation
AMENDMENT ONE
TO
VETERANS MEMORIAL AGREEMENT
CITY OF WINTER SPRINGS AND
THE ROTARY CLUB OF WINTER SPRINGS
THIS AMENDENT is made this, day of , 2008 and shall become
part of the AGREEMENT between the City of Winter Springs and the Rotary Club of Winter
Springs dated 25 May 2005.
WHEREAS the Veterans Memorial project is nearing completion and the construction
costs have risen over the last 36 months; and
WHEREAS both the City of Winter Springs and the Rotary Club of Winter Springs desire
to continue their partnership agreement and complete this worthy project; and
NOW THEREFORE, the City of Winter Springs and the Rotary Club of Winter Springs do
hereby pledge their continued efforts to successfully complete the project, and both parties
agree to amend the original agreement as follows:
1. Extend Deadline. Extend the deadline for completion of the project, in paragraph 3.0 of
the original agreement to August 2008.
2. Increase Funding. The City of Winter Springs pledges it's continued support to complete
the project and agrees to amend paragraph 5.2 of the original agreement, which will
increase the City's (50%) contribution of construction costs from "not to exceed
$ 50,000" to "not to exceed $ 70,000".
3. Increase Funding. The Rotary Club of Winter Springs pledges its continued support to
complete the project and agrees to pay for the remainder of constructions costs as per
the paragraph 6.3 of the original agreement.
CITY OF WINTER SPRINGS
ROTARY CLUB OF WINTER SPRINGS
By
By
Ron McLemore, City Manager
Name Title:
Veterans Memorial Construction Value 2-Jun-08
Winter Springs Rotary Club
City of Winter Springs
Description of Work estimate contract total paid to be pd contribution
1 Site clearing grading donation city
2 Site stake out survey donation tinklepaw
3 Landscaping donation city
4 Irrigation donation
5 Concrete foundation 10000 10000 10000
6 Concrete ribbon curbs 10000 10000 10000
7 Concrete fountain 7200 7200 7200
8 Steel fabrication 25340 25340 25340
9 Steel erection 2000 2000 2000
10 Cast aluminum birds 3200 3200 3200
11 Precast column balls 7200 7200 7200
12 Precast concrete struct 34240 34240 9600 24640
13 Precast erection 5000 5000 5000
14 Granite entry plaque 1000 1000 1000
15 Granite world map 9000 9000 2000 7000
16 Pavers donation city
17 Aluminum railing 3000 3000 3000
18 Aluminum flag pole 1884.9 1884.9 1884.9
19 Aluminum benches 2000 2000 2000
20 Lighting 7600 7600 7600
21 Reflecting pool 4000 4000 4000
22 Bronze soldier sculpture 4100 4100 4100
23 sub total 14000 122764.9 136764.9 70124.9 66640
24
25
1) i?6rz....
$-0)
VETERANS MEMORIAL AGREEMENT
CITY OF WINTER SPRINGS AND
THE WINTER SPRINGS ROTARY CLUB
THIS AGREEMENT is made this, i!L day of ().A-Iy -r ' 2005 by and
between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, whose
address is 1126 East State Road 434, Winter Springs, Florida ("City") and the ROTARY CLUB OF
WINTER SPRINGS, INC., a Nonprofit Organization, whose address is Post Office Box 295235,
Winter Springs, Florida ("Rotary").
WHEREAS, the Rotary has been asked by its National Headquarters to adopt a community
project for its 2004 Centennial Year Celebration of the founding of the Rotary Club; and
WHEREAS, the City and the Rotary believe that the addition of a Veterans Memorial wi thin
the Town Center would honor and commemorate those individuals who have dutifully served the
United States of America in the armed forces; and
WHEREAS, the City and the Rotary wish to enter into a cooperative working agreement for
the design, permitting, and construction of a Veterans Memorial within the City of Winter Springs;
and
WHEREAS, on January 24, 2005, the Rotary presented a concept plan to the City
Commission for the construction of a Veterans Memorial to be located in the median of Blumberg
Boulevard within the Town Center of the City of Winter Springs; and
WHEREAS, the City Commission preliminarily approved such concept plan for the
Veterans Memorial and authorized a formal partnership agreement be established between the City
and Rotary; and
NOW THEREFORE, in consideration of the provisions contained in this Agreement and
other good and valuable consideration in which the parties acknowledge has been received, the
parties agree as follows:
1.0 Incorporation of Recitals. The foregoing recitals are true and correct and by this
reference are fully incorporated into this Agreement.
2.0 Definitions. Unless the context clearly indicates otherwise, the following words
and phrases shan have the meaning hereafter ascribed below:
VETERANS MEMORIAL AGREEMENT
CITY OF WINTER SPRINGS AND WINTER SPRINGS ROTARY CLUB
Page 1 of 8
2.1 "Agreement" shall mean this Agreement between the City and the Rotary
regarding the special services stated herein.
2.2 "City Manager" shall mean the City Manager of Winter Springs, Florida, or
his designee.
2.3 "Effective Date" shall be the date on which the last signatory hereto shall
execute this Agreement, and it shall be the date on which this Agreement shall go into effect.
The Agreement shall not be effective against any party until said date.
2.4 "Public Records" is as described in Section 119.011(1), Florida Statutes.
2.5 "City" shall mean the City of Winter Springs, a Florida Municipal
Corporation and its employees, agents, and contractors.
2.6 "Rotary" shall mean the Rotary Club of Winter Springs, Inc.; a Nonprofit
Organization and its members, volunteers, and contractors.
2.7 "Veterans Memorial" shall mean the Veterans Memorial to be constructed
in the median of Blumberg Boulevard within the Town Center of the City of Winter Springs,
as presented to and approved by the City Commission. The Veterans Memorial shall be in
substantial conformance to the concept plan approved by the City Commission on January
24, 2005, which is attached hereto as "Exhibit A" and fully incorporated herein by this
reference.
3.0 Veterans Memorial. Upon execution of this Agreement, the City and the Rotary will
immediately commence a cooperative working relationship for the common purpose of completing
the design, permitting and construction of a Veterans Memorial to be located in the median of
Blumberg Boulevard within the Town Center of the City of Winter Springs. The completion of the
Veterans Memorial shall occur as soon as is feasible, but not later than two (2) years from the
effective date ofthis Agreement, unless the parties mutually agree to extend the deadline.
4.0 Joint Obligations of the City and the Rotary. The City and the Rotary agree
that the Veterans Memorial shall incorporate a hard stone (e.g. granite) feature on which the names
of past and current residents of Winter Springs that served in the armed forces of the United States
shall be engraved. The City and the Rotary will jointly create standard operating procedures
regarding the determination of which individual names will be included on the Veterans Memorial.
Upon execution of this Agreement, the City Manager will work with the Rotary in order to draft
written eligibility requirements for those names placed on the Veterans Memorial. Once the
eligibility requirements are drafted, the draft shall be submitted to the City Commission for final
VETERANS MEMORIAL AGREEMENT
CITY OF WINTER SPRINGS AND WINTER SPRINGS ROTARY CLUB
Page 2 of 8
approval by resolution. The eligibility requirements shall become effective upon adoption by the
City Commission.
5.0 City's Oblieations.
5.1 The City and the Rotary acknowledge that the median of Blumberg Boulevard
is owned by the State of Florida as part of the Cross Seminole Trails System. The City shall
obtain authorization from the State of Florida allowing for the construction of the Veterans
Memorial in the median of Blumberg Boulevard.
5.2 The City shall contribute fifty percent (50%) of the cost of constructing the
Veterans Memorial, not to exceed $50,000.00.
5.3 The City shall waive any permit fees imposed by the City for the permitting
and construction of the Veterans Memorial.
5.4 Upon completion ofthe Veterans Memorial, the City shall be responsible for
the perpetual maintenance and upkeep of the Veterans Memorial.
5.5 At the direction of the City Commission, the City Manager or his designee
shall serve as the City's representative under this Agreement and shall have the authority to
transmit instructions, receive information, and make or interpret the City's decisions.
6.0 Rotary's Obli2ations.
6.1 The Rotary shall design, permit and construct the Veterans Memorial within
the median of Blumberg Boulevard in accordance with the terms and conditions set forth in
paragraph 7.0.
6.2 The Rotary shall comply with all design, permitting and construction
requirements pursuant to the City of Winter Springs City Code.
6.3 The Rotary shall pay all design and permitting costs and the remainder of the
cost of constructing the Veterans Memorial that is not paid for by the City pursuant to
paragraph 5.2.
6.4 Upon completion of construction of the Veterans Memorial and acceptance
by the City, the Rotary shall provide a bill of sale to the City for the Veterans Memorial
improvements and an assignment of any warranties issued for constructing said
improvements.
VETERANS MEMORIAL AGREEMENT
CITY OF WINTER SPRINGS AND WINTER SPRINGS ROTARY CLUB
Page 3 of 8
6.5 The Rotary shall designate an individual to act as a representative for the
Rotary under this Agreement with the authority to transmit instructions, receive information,
and make or interpret the Rotary's decisions. This person shall be the Rotary's contract
administrator.
6.6 The Rotary shall keep the property upon which the VeteTans Memorial is
located and any other real property used for the construction of the Veterans Memorial free
and clear of all liens and encumbrances including, but not limited to, mechanics liens.
Should any such lien or encumbrance be filed against any real property for which the Rotary
is responsible, the Rotary shall, at its expense, take all reasonable and necessary steps to
remove or release said lien or encumbrance. If the Rotary fails to take such action, the City
may do so and the Rotary agrees to indemnify and hold harmless the City from any costs, and
expenses, including reasonable attorneys fees, incurred by the City to remove or release the
lien or encumbrance.
6.7 Upon completion of the Veterans Memorial, and as mutually agreed to, the
Rotary agrees to continue to cooperate and provide pro bono services to the City for purposes
of promoting and maintaining the Veterans Memorial including, but not limited to,
participating in:
(1) Ceremonies to recognize Veterans at the Veterans Memorial;
(2) Community sponsored programs to enhance and preserve the
Veterans Memorial; and
(3) Other events or projects mutually agreed to by the City and the Rotary.
7.0 Desien. Permit and Construction Procedures. The Rotary shall be exclusively
responsible for the specific terms and conditions of an design, permit, and construction contracts.
However, the Rotary agrees that all design, permit, and construction plans and specifications for the
Veterans Memorial shall be subject to the City's prior approval. The Rotary also agrees that all
expenditures for the design, permit and construction of the Veterans Memorial shall be subject to
an informal competitive bid process under which the Rotary shall obtain three (3) written quotes or
bids. Each quote or bid shall be submitted to the City for review and approval prior to the Rotary
entering into any contract for the design, permit and construction of the Veterans Memorial.
Competitive bids shall not be required for donated services, labor, and materials. However, any such
donation shall be subject to the City's prior approval. The Rotary further agrees to provide the City
with copies or originals of all plans and specifications, invoices, warranties, bonds, documentation,
VETERANS MEMORIAL AGREEMENT
CITY OF WINTER SPRINGS AND WINTER SPRINGS ROTARY CLUB
Page 4 of 8
receipts, and correspondences related to the design, permit and construction of the Veterans
Memorial.
8.0 General Provisions.
8.1 Engagement. The City and Rotary hereby agree to fulfill their respective
obligations outlined in this Agreement. No prior or present agreements or representations
shall be binding upon any of the parties hereto unless incorporated in this Agreement.
8.2 Notices. All projects hereunder, all notices, demands, requests, instructions,
approvals, and claims shall be in writing. All notices of any type hereunder shall be given
by U.S. mail or by hand delivery to an individual authorized to receive mail for the below
listed individuals, all to the following individuals at the following locations:
TO THE CITY:
Mr. Ronald W. McLemore
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
(407) 327-5957 (Phone)
(407) 327-6686 (Fax)
w/copy to:
Anthony A. Garganese
City Attorney
Brown, Garganese, Weiss & D' Agresta, P.A.
225 E. Robinson Street, Suite 660
Post Office Box 2873
Orlando, FL 32802-2873
(407) 425-9566 (Phone)
(407) 425-9596 (Fax)
VETERANS MEMORIAL AGREEMENT
CITY OF WINTER SPRINGS AND WINTER SPRINGS ROTARY CLUB
PageSof8
TO THE ROTARY:
Rotary Club of Winter Springs, Inc.
Post Office Box 295235
Winter Springs, FL 32719
(407) 365-6611 (Phone)
Each party may change the aforementioned notice information by providing written
notice to the other party.
8.3 No Assignment. This Agreement shall not be assigned or transferred.
8.4 Further Assurances. From and after the execution of this Agreement,
each of the parties hereto shall fully cooperate with each other and perform any further act(s)
and execute and deliver any further documents which may be necessary or desirab Ie in order
to carry out the purposes and intentions of this Agreement.
8.5 Legal Representation. The parties acknowledge that Anthony A.
Garganese, Esquire, and Brown, Garganese, Weiss & D' Agresta, P.A., and other attorneys
therein, have acted as counsel for the City in connection with this Agreement and the
transactions contemplated herein, and has not given legal advice to any party hereto other
than the City.
8.6 Severability. If any provision of this Agreement is held to be invalid, void,
or unenforceab Ie, the remaining provisions shall nevertheless remain in full force and effect,
unless the absence of the invalid, void, or unenforceable provision or provisions causes this
Agreement to fail in its essential purposes.
8.7 Governing Law and Venue. This Agreement shall be construed and
enforced in accordance with the laws of the State of Florida. The parties further agree that
in any dispute between them relating to this Agreement, exclusive jurisdiction shall be in the
trial of courts located in Seminole County, Florida, and any objections as to jurisdiction or
venue in such courts being expressly waived.
8.8 Attorney's Fees. In the event any litigation or controversy arises out of
or in connection with this Agreement between the parties hereto, each party agrees to bear
its own costs and expenses of such action including, but not limited to, reasonab Ie attorneys'
fees, whether at settlement, trial, post judgment, or on appeal.
VETERANS MEMORIAL AGREEMENT
CITY OF WINTER SPRINGS AND WINTER SPRINGS ROTARY CLUB
Page 6 oC8
8.9 Non-Waiver. No delay or failure by either party to exercise any right under
this Agreement, and no partial or single exercise ofthat right, shall constitute a waiver ofthat
or any other right, unless otherwise expressly provided herein.
8.10 Public Record. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other writing of
the Rotary related, directly or indirectly, to this Agreement, shall be deemed to be a Public
Record whether in the possession or control of the City or the Rotary. Said record,
document, computerized information and program, audio or video tape, photograph, or other
writing of the Rotary is subject to the provisions of Chapter 119, Florida Statutes, and may
not be destroyed without the specific written approval ofthe City. Upon request by the City,
the Rotary shall promptly supply copies of said public records to the City. All books, cards,
registers, receipts, documents, and other papers in connection with this Agreement shall at
any and all reasonable times during the normal servicing hour of the Rotary be open and
freely exhibited to the City for the purpose of examination and/or audit.
8.11 Interpretation. Both the City and the Rotary have participated in the drafting
of all parts of this Agreement. As a result, it is the intent of the parties that no portion ofthis
Agreement shall be interpreted more harshly against either of the parties as the drafter.
8.12 Entire Agreement. This Agreement represents the entire and integrated
Agreement between the parties and supersedes all prior negotiations, representations, or
Agreements, either oral or written, and all such matters shall be deemed merged into this
Agreement.
S.l3_Sovereign Immunity. Nothing contained in this Agreement shall be
construed as a waiver ofthe City's right to sovereign immunity under Section 768.28, Florida
Statutes, or other limitations imposed on the City's potential liability under state or federal
law.
S.14 Third Party Beneficiaries. There are no third party beneficiaries to this
Agreement. This Agreement is intended to benefit only the Rotary and the City.
9.0 Liability: Indemnification and Hold Harmless. Each party shall be responsible
for their own acts and omissions and the acts and omissions of their employees and
contractors. In addition, each party agrees to the fullest extent permitted by law, to
indemnify and hold harmless the other party and its employees, officers, and attorneys, from
and against all claims, losses, damages, personal injuries (including but not limited to death),
or liability (including reasonable attorney's fees through any and all administrative, trial, post
VETERANS MEMORIAL AGREEMENT
CITY OF WINTER SPRINGS AND WINTER SPRINGS ROT ARY CLUB
Page 7 of 8
judgement and appellate proceedings), directly or indirectly arising from the negligent acts,
errors, omissions, intentional or otherwise, arising out of or resulting from their performance
under this Agreement.
10.0 Termination. Neither the City nor the Rotary shall terminate this Agreement
without the expressed written consent of the other. However, each specific obligation of
each party shall terminate upon the completion of any said obligation to the satisfaction of
the other party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year written above.
CITY OF WINTER SPRINGS, FLORIDA:
ROTARY CLUB OF WINTER SPRINGS,
INC.
By: ~p~-~
~ _/
R6nMcLemore, City Manager
By:
Name
VETERANS MEMORIAL AGREEMENT
CITY OF WINTER SPRINGS AND WINTER SPRINGS ROT ARY CLUB
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