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Agenda Packet 9-23-13 Special Meeting and Workshop
CITY OF ATLANTIC BEACH CITY COMMISSION AGENDA SEPTEMBER 23, 2013 SPECIAL CALLED MEETING AT 6:30 PM and WORKSHOP IMMEDIATELY FOLLOWING SPECIAL CALLED MEETING for DISCUSSION OF AGENDA ITEMS ON OCTOBER 14, 2013 COMMISSION MEETING Special Called Meeting: Call to order. 1. Public Hearing on adopting Resolution 13 -11 for the Millage Rate. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED -BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. 2. Public Hearing on adopting Ordinance No. 20 -13 -125 establishing the Operating Budget for fiscal year 2013/2014, 2nd reading and final adoption. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014. 3. RESOLUTION NO. 13 -12 A RESOLUTION PROVIDING FOR THE ISSUANCE BY THE CITY OF ATLANTIC BEACH, FLORIDA OF ITS HEALTH CARE FACILITIES REVENUE BONDS (FLEET LANDING PROJECT), SERIES 2013B, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000, AND FOR A LOAN BY THE CITY TO NAVAL CONTINUING CARE RETIREMENT FOUNDATION, INC., A FLORIDA NOT -FOR- PROFIT CORPORATION, IN A PRINCIPAL AMOUNT EQUAL TO THE AGGREGATE PRINCIPAL AMOUNT OF SAID SERIES 2013B BONDS, FOR THE PURPOSES OF (A) FINANCING OR REFINANCING ALL OR ANY PART OF THE COST OF A CAPITAL PROJECT FOR THE CONTINUING CARE RETIREMENT FACILITY KNOWN AS "FLEET LANDING" AS DESCRIBED IN THIS RESOLUTION, (B) FUNDING A DEBT SERVICE RESERVE FUND FOR THE SERIES 2013B BONDS AND (C) PAYING A PORTION OF THE COSTS OF ISSUING THE SERIES 2013B BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE SERIES 2013B BONDS AND FOR THE PAYMENT THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE AND LOAN AGREEMENT; AUTHORIZING A NEGOTIATED SALE OF THE SERIES 2013B BONDS, AND APPROVING THE CONDITIONS AND CRITERIA FOR SUCH SALE; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT WITH RESPECT TO THE SERIES 2013B BONDS; AUTHORIZING A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT WITH RESPECT TO THE SERIES 2013B BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF THE SERIES 2013B BONDS 1 AND OTHER RELATED INSTRUMENTS AND CERTIFICATES; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2013B BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. 4. Approval of purchase of playground equipment for Rose Park. 5. Authorization to Execute Contract with PBA (Police) Union. 6. Authorization to Execute Contract with LIUNA (Blue Collar) Union. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, October 11, 2013. WORKSHOP: Call to order. *Discussion of Agenda Items on October 14, 2013 Commission Meeting: 1. A. Approve the minutes of the Regular Commission Meeting of September 9, 2013. B. Approve the minutes of the Budget Workshop for August 6, 2013. C. Approve the minutes of the Budget Workshop for August 13, 2013. D. Approve the minutes of the Special Called (Shade) Meeting of August 26, 2013. E. Approve the minutes of the Special Called Commission Meeting of August 26, 2013. F. Approve the minutes of the Commission Workshop of August 26, 2013. G Approve the minutes of the Special Workshop of September 10, 2013. 2. Courtesy of Floor to Visitors A. Proclamation Declaring November 2013 Pancreatic Cancer Awareness Month in the City of Atlantic Beach. 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 2 A. Acknowledge receipt of the Financial Report, Building Department Monthly Activity Report, List of New Business Taxes and Utility Sales Report for August. B. Authorize the City Manager to sign the contract with Atlantic Beach Experimental Theater (ABET). C. Award the contract for Concrete Repairs for the Public Works/Utilities Department to DP Contracting Inc. for one year with a two 1 year renewals starting October 15, 2013. D Award a contract to in the amount of $ for construction of the Reclaimed Water Facilities, Bid No. 1213 -11. In addition, authorize staff to encumber $ as a contingency. The Notice to Proceed for construction of Reclaimed Water Facilities, Bid No. 1213 -11 shall become effective on the date that Atlantic Beach Partners and Atlantic Beach Country Club achieve final closing on the property sale between the two parties. However, in order to meet the deadline to provide water to the golf course, the reuse pump must be purchased immediately due to delivery time for the pump. Staff recommends that the Commission award the contract and allow immediate purchase of the pump only, with no further construction until the date of the final closing noted above. (Note: Will be amended by Monday, 9/23/13.) E. Acknowledge receipt of the FY 2012 -13 - Summary of Utility Accounts Written Off. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 75-13-19, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES ARTICLE II STOPPING, STANDING AND PARKING TO RENAME PARKING MORE THAN SEVENTY -TWO HOURS PROHIBITED TO PARKING IN THE RIGHT OF WAY WITH REVISED REQUIREMENTS AND TO PROVIDE A FINE STRUCTURE FOR VIOLATING THAT SECTION AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business A. Public Hearing on UBEX -13- 00100065, Tier One Construction, request for use -by- exception as permitted by Section 24- 111(c)(6), to allow a contractor, not requiring outside storage, to be located on a property within the Commercial General (CG) zoning district at 33 West 6th Street. (City Manager) B. Approval of Master Agreement/Recreation & Greenspace Easement with The Atlantic Beach Country Club, Inc. and Atlantic Beach Partners LLC. (City Manager) C. Proposed Rates for Sale of Reuse Water to Customers. (City Manager) D. Professional Engineering Services for Power Systems and Arc Flash Studies for Water Treatment Plant Nos. 1 — 4, RFP #13 -03. (City Manager) E. Contract with Bill2Pay, an automated payment processing company, to implement an Interactive Voice Response (IVR) system and a web hosted payment portal. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney A. Report on Boil Water Notice (Commissioner Mark) 3 B. Discussion and Recommendations for the Process and Procedure of Commission Evaluation of City Manager /City Clerk/City Attorney. (Commissioner Beckenbach) Adjourn *Formal action (if needed) will be taken at the Commission Meeting of October 14, 2013. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, October 11, 2013. 4 AGENDA ITEM 1 SEPTEMBER 23, 2013 CITY OF ATLANTIC BEACH, FLORIDA CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Public Hearings on adopting Resolution 13 -11 for the Millage Rate and adopting Ordinance #20.13 -125 establishing the Operating Budget for fiscal year 2013/2014. SUBMIITTE[) BY: Nelson Van Liere, Finance Director DATE: September 10, 2013 BACKGROUND: In order to adopt a rnillage rate and operating budget, the City Commission must adhere to a strict process per state law. Please find attached an outline for the public hearings to be held on September 23"1, 2013 in the Commission Chambers at 6:30pm. The format is the same as in previous years and is to be read into the record as presented in order to assure compliance with the TRIM laws (s.200,065, F.S.). Prior to these hearings, the City Manager presented a Proposed Operating Budget and held three workshops to review and make adjustments with the City Commission's guidance. The Proposed Operating Budget is funded using the rnillage rate of 3,3285 mills. This is the same as the current rate. This is the second public hearing for the final adoption of the rnillage by resolution and a second public hearing for the final adoption of the Operating Budget, Ordinance #20 -13 -125. RECOMMENDATION: 1.) Hold two public hearings as described in the attached outline to approve both the final Millage Rate of 3.3285 mills and the Operating Budget Ordinance #20- 13 -125 with total expenditures of $29,482,771. ATTACHMENTS: Agenda for Public Hearings Resolution #13 -11 Ordinance # 20 -13 -125 Budget Summary of all Funds Schedule A: Proposed Changes to Final Budget REVIEWED BY CITY MANAGER: AGENDA ITEM 1 SEPTEMBER 23, 2013 ADOPTION OF THE FINAL MILLAGE RATE AND OPERATING BUDGET FOR FISCAL YEAR 2013/2014 First item to be considered: Adoption of the Millage Rate by Resolution 13 -11 State the following: The Tentative Millage Rate is The Roll —Back Rate is 3.3285 3.3156 The Tentative Millage Rate is 0.39% higher than the Roll -Back Rate. The purpose for adopting the millage rate of 3.3285 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at the estimated cost and to continue to maintain the City's infrastructure. Motion to adopt a final Millage Rate for operating purposes of 3.3285 Open Public Hearing Close Public Hearing Discussion and Vote Second item to be considered: Ordinance #20 -13 -125 establishing the Operating Budget for fiscal year 2013/2014 of $29,482,771 Motion to adopt Ordinance #20 -13 -125 establishing the Operating Budget for fiscal year 2013/2014 Open a Public Hearing Close Public Hearing Discussion and Vote AGENDA ITEM 1 SEPTEMBER 23, 2013 RESOLUTION NO. 13 -11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED - BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida law requires the City Commission of the City of Atlantic Beach, Florida, to pass a resolution levying the millage rate for ad valorem property taxes for municipal purposes on all taxable property within the city limits of the City of Atlantic Beach, Florida, for the fiscal year beginning October 1, 2013 and ending September 30, 2014; and WHEREAS, Florida law requires said resolution to state the millage rate to be levied, and also, to state the percentage by which the millage rate to be levied exceeds the rolled -back rate as computed pursuant to Florida law; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, has duly considered the budgetary requirements of the City; has adopted a tentative budget for the fiscal year beginning October 1, 2013 and ending September 30, 2014, based on a millage rate of 3.3285 mills on the taxable property within the City; and has acted in accordance with the terms, provisions, and procedures contained in section 200.065, Florida Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach, Florida, that 1. The ad valorem property tax millage rate for municipal purposes to be levied on the taxable property within the city limits of the City of Atlantic Beach, Florida, during the fiscal year beginning Octoberl, 2013 and ending September 30, 2014 is hereby set at the rate of 3.3285 mills. 2. The percentage by which this millage rate to be levied exceeds the rolled -back rate of 3.3156 is 0.39 %. 3. This resolution shall take effect immediately upon its passage and adoption by the City Commission of the City of Atlantic Beach, Florida. ADOPTED at a public hearing by the City Commission of the City of Atlantic Beach, Florida on the 23rd day of September 2013. Approved as to form and correctness: Alan C. Jensen, Esquire Mayor / Presiding Officer City Attorney ATTEST: Donna L. Bartle City Clerk AGENDA ITEM 2 SEPTEMBER 23, 2013 ORDINANCE NO. 20-13-125 AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014. WHEREAS, the City Commission of the City of Atlantic Beach, Florida, on September 9, 2013, held a public hearing as required by Florida Statute 200.065; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, set forth the appropriations and revenue estimate for the budget for Fiscal Year beginning October 1, 2013 and ending September 30, 2014 in the amount of $29,482,771. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The fiscal Year 2013/2014 budget be adopted, and 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 9t'' day of September 2013. Passed by the City Commission on second and final reading this day of September 2013. Louis M. Borno Mayor / Presiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney ATTEST: Donna L. Bartle City Clerk AGENDA ITEM 2 SEPTEMBER 23, 2013 City of Atlantic Beach Combined Summary of Revenues and Expenditures Summary of all Funds Cash Forward Actual Actual Estimate Budget Increase 2010 -2011 2011 -2012 2012 -2013 2013 -2014 (Decrease) 30,599,832 32,307,612 37,492,961 39,632,528 2,139,567 Revenues General Fund 11,477,762 10,897,298 11,117,600 10,930,617 (186,983) Special Revenue Funds 1,653,595 1,806,722 1,524,530 1,368,339 (156,191) Debt Service Fund 69,719 73,548 67,345 0 (67,345) Capital Project Fund 947,525 602,658 15,000 495,000 480,000 Enterprise Funds 16,221,714 16,796,922 11,578,875 11,836,753 257,878 Trust and Agency Funds 1,371,433 4,552,027 3,450,338 3,520,661 70,323 Total Revenues 31,741,748 34,729,175 27,753,688 28,151,370 397,682 Other Financing Sources 1,106,319 591,427 0 0 0 Total Resources 63,447,899 67,628,214 65,246,649 67,783,898 2,537,249 Expenditures General Fund 10,193,315 10,430,632 11,001,270 11,502,894 501,624 Special Revenue Funds 1,829,084 2,047,749 1,213,848 1,693,895 480,047 Debt Service Fund 71,343 70,783 72,040 70,655 (1,385) Capital Project Fund 452,086 25,116 177 485,000 484,823 Enterprise Funds 16,288,520 15,967,357 11,638,538 14,125,893 2,487,355 Trust and Agency Funds 1,295,322 1,428,381 1,687,465 1,604,434 (83,031) DIVISION TOTALS 30,129,670 29,970,018 25,613,338 29,482,771 3,869,433 Other Financing Uses 1,010,617 165,235 783 0 (783) Cash Reserves 32,307,612 37,492,961 39,632,528 38,301,127 (1,331,401) Total Expenses and Cash 63,447,899 67,628,214 65,246,649 67,783,898 2,537,249 Resource Allocation Personnel Services 9,140,073 9,407,213 9,427,656 9,537,387 109,731 Operating Expenses 9,763,711 10,151,562 10,266,888 10,535,858 268,970 Capital Outlay 6,962,507 6,873,101 2,145,419 5,331,738 3,186,319 Debt Service 1,740,872 1,870,160 2,447,876 2,448,768 892 Transfers 2,522,507 1,667,982 1,325,499 1,629,020 303,521 Total 30,129,670 29,970,018 25,613,338 29,482,771 3,869,433 AGENDA ITEM 2 SEPTEMBER 23, 2013 Schedule A Changes from Proposed Budget to Final Budget REVENUES: Originally Proposed Revenues: $27,562,153 General Fund Internal Service Charges 20,217 Donation from Private Sources — Mayport Road Fountain 2,500 Transfer from Forfeiture Fund to General Fund 7,500 Transfer from Gas Tax Fund 82,000 Capital Project Fund — Marsh Preserve Transfer from Convention Development Tax Fund 35,000 Public Utilities Re -use Water Project Grant Proceeds 442,000 Revised Final Budgeted Revenues $28,151,370 EXPENSES: Originally Proposed Expenses: General Fund Parks $27,769,495 Bull Park Gazebo 40,000 Rose Park Playground Equipment 40,000 Public Works - Streets Division Welcome Signs 11,000 Robert Street Ditch Improvements 50,000 East Coast Drive Streetscape 79,000 Fountain on Mayport Road 7,500 General Government Sound System Upgrades 15,500 Police Department Expansion of the Kennel 40,000 Police Academy 7,500 AGENDA ITEM 2 SEPTEMBER 23, 2013 Detective Off -site Office 40,350 Various General Fund Departments Salary and Benefit increase per Study and 2% Merit 163,857 Gas Tax Fund — Public Works Street Resurfacing <82,000> Transfer to General Fund for Public Works Street Division 82,000 Half Cent Sales Tax Fund — Public Works Seminole Road Streetscape 250,000 Street Resurfacing 82,000 Public Utilities Fund Salary and Benefits 36,738 Internal Service Charges 12,742 Building Department Salary and Benefits 4,775 Internal Service Charges 640 Sanitation Fund Salary and Benefits 638 Internal Service Charges 3,259 Storm Water Utility Fund Salary and Benefits 4,604 Internal Service Charges 3,138 Forfeiture Fund Transfer to General Fund for Citizen Police Academy 7,500 Convention Development Tax Fund Transfer to Capital Project Fund for Marsh Path Project 35,000 Pension Funds Internal Service Funds 435 Carry Over Items added to FY 2014, and deducted from the FY2013 budget. Public Utilities Effluent Outfall Replacement — Public Utilities - Sewer Arc Flash Studies — Public Utilities — Sewer Public Works Storm Water Utility 300,000 60,000 AGENDA ITEM 2 SEPTEMBER 23, 2013 East Coast Drive Drainage Improvements 317,686 C.D.B.G. - Streets Division Dutton Island Road Sidewalk 64,414 Capital Project Fund — Marsh Preserve Project Marsh Preserve Paths — Phase I — 35,000 Subtotal of Carry — Over Items: $777,100 Revised Budgeted Expenses: $29,482,771 AGENDA ITEM 3 SEPTEMBER 23, 2013 RESOLUTION NO. 13 -12 A RESOLUTION PROVIDING FOR THE ISSUANCE BY THE CITY OF ATLANTIC BEACH, FLORIDA OF ITS HEALTH CARE FACILITIES REVENUE BONDS (FLEET LANDING PROJECT), SERIES 2013B, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000, AND FOR A LOAN BY THE CITY TO NAVAL CONTINUING CARE RETIREMENT FOUNDATION, INC., A FLORIDA NOT- FOR - PROFIT CORPORATION, IN A PRINCIPAL AMOUNT EQUAL TO THE AGGREGATE PRINCIPAL AMOUNT OF SAID SERIES 2013B BONDS, FOR THE PURPOSES OF (A) FINANCING OR REFINANCING ALL OR ANY PART OF THE COST OF A CAPITAL PROJECT FOR THE CONTINUING CARE RETIREMENT FACILITY KNOWN AS "FLEET LANDING" AS DESCRIBED IN THIS RESOLUTION, (B) FUNDING A DEBT SERVICE RESERVE FUND FOR THE SERIES 2013B BONDS AND (C) PAYING A PORTION OF THE COSTS OF ISSUING THE SERIES 2013B BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE SERIES 2013B BONDS AND FOR THE PAYMENT THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE AND LOAN AGREEMENT; AUTHORIZING A NEGOTIATED SALE OF THE SERIES 2013B BONDS, AND APPROVING THE CONDITIONS AND CRITERIA FOR SUCH SALE; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT WITH RESPECT TO THE SERIES 2013B BONDS; AUTHORIZING A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT WITH RESPECT TO THE SERIES 2013B BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF THE SERIES 2013B BONDS AND OTHER RELATED INSTRUMENTS AND CERTIFICATES; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2013B BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. AGENDA ITEM 3 SEPTEMBER 23, 2013 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the Constitution of the State of Florida, Chapter 159, Part II, Florida Statutes, as amended and supplemented, and other applicable provisions of law. SECTION 2. DEFINITIONS. Unless the context otherwise requires, the terms defined in this section shall have the meanings specified in this section. Words importing the singular shall include the plural, words importing the plural shall include the singular, and words importing persons shall include corporations and other entities or associations. "Act" means the Constitution of the State of Florida, Chapter 159, Part II, Florida Statutes, as amended from time to time, and other applicable provisions of law. "Bond Purchase Agreement" means the Bond Purchase Agreement among the Issuer, the Borrower and the Underwriter, substantially in the form attached hereto as Exhibit C, as amended or supplemented from time to time. "Borrower" means Naval Continuing Care Retirement Foundation, Inc., a Florida not - for - profit corporation and an organization described in Section 501(c)(3) of the Code, and its lawful successors and assigns, to the extent permitted by the Loan Agreement. the State. "City" means the City of Atlantic Beach, Florida, an incorporated municipality of "City Commission" means the City Commission of the City. "Code" means the Internal Revenue Code of 1986, as amended. "Facilities" means the continuing care retirement facilities known as "Fleet Landing" which are located at One Fleet Landing Boulevard in Atlantic Beach, Florida and all land, buildings, structures, improvements, equipment, fixtures, machinery, furniture, furnishings and other real and personal property now or hereafter attached to, or located in, or used in connection with, any such land, buildings, structures or improvements and all additions thereto, substitutions therefor and replacements thereof, whether now owned or hereafter acquired by the Borrower. "Indenture" means the Indenture of Trust between the Issuer and the Trustee, substantially in the form attached hereto as Exhibit A, as amended or supplemented from time to time. "Issuer" means the City. "Loan Agreement" means the Loan Agreement between the Issuer and the Borrower, substantially in the form attached hereto as Exhibit B, as amended or supplemented from time to time. 2 4815- 5921 - 7685.3 AGENDA ITEM 3 SEPTEMBER 23, 2013 "Mayor" means the Mayor or, in the Mayor's absence, such other officer of the Issuer as may be duly authorized by the Issuer to act on his behalf. "Preliminary Official Statement" means the Preliminary Official Statement relating to the Series 2013B Bonds, substantially in the form attached hereto as Exhibit D. "Project" means the acquisition, construction and installation of certain capital improvements to the Facilities, including: (i) the acquisition of approximately 0.5 acres of land located at 2935 Mayport Road, Atlantic Beach, Florida immediately adjacent to the Facilities, for future use in connection with the operation of Facilities, (ii) the acquisition, construction and installation of renovations to the existing 80 -bed skilled nursing center which will reduce the number of skilled nursing beds to approximately 64 beds and increase the number of private rooms, (ii) acquisition, construction and installation of a one -story building containing approximately 20,000 square feet to house a 24 -unit memory care facility, (iii) the acquisition, construction and installation of a one -story building containing approximately 7,200 square feet to be used as a facility operations and maintenance center, (iv) the acquisition, construction and installation of the expansion of and renovations to the existing outpatient clinic and outpatient therapy spaces; (v) the acquisition, construction and installation of renovations to the Annex building; (vi) the acquisition, construction and installation of renovations to the Coleman Center's dining establishment; (vii) the acquisition and installation of a campus -wide fiber optic and wireless network; and (viii) the acquisition, construction and installation of related facilities, improvements, fixtures, furnishings and equipment in connection with the foregoing and other capital improvements and expenditures to be used in connection with the operation of the Facilities. "State" means the State of Florida. "Trustee" means U.S. Bank National Association, Atlanta, Georgia, or a national banking association or trust company at the time serving as corporate trustee under the provisions of the Indenture. "Underwriter" means B.C. Ziegler and Company, as the underwriter of the Series 2013B Bonds. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared as follows: A. The Issuer is an incorporated municipality of the State and is a "local agency" duly authorized and empowered by the Act to fmance the acquisition, construction, reconstruction, improvement, rehabilitation, renovation, expansion and enlargement, or additions to, furnishing and equipping of any capital project, including any "project" (as defined or described in the Act), including land, rights in land, buildings and other structures, machinery, equipment, appurtenances and facilities incidental thereto, and other improvements necessary or convenient therefor, and to obtain funds to finance or refinance the cost thereof by the issuance of its revenue bonds, as the case may be, for the purposes, among others, of enhancing and expanding the health care and senior living industry, improving the prosperity and welfare of the State and its inhabitants, improving living conditions and health care in the State, increasing 3 4815 - 5921 - 7685.3 AGENDA ITEM 3 SEPTEMBER 23, 2013 purchasing power and opportunities for gainful employment, and otherwise providing for and contributing to the health, safety and welfare of the people of the State. B. The Borrower has requested that the Issuer issue the Series 2013B Bonds for the purposes of (i) paying or reimbursing the Borrower for all or a part of the cost of the Project, (ii) funding a debt service reserve fund and (iii) paying costs of issuing the Series 2013B Bonds. C. The Series 2013B Bonds will be secured by an obligation of the Borrower in the Loan Agreement to make payments sufficient to pay, among other things, the principal of and premium, if any, and interest on such Bonds when and as the same become due. D. In compliance with Section 147(f) of the Code and the Treasury Regulations thereunder, notice of a public hearing pertaining to the issuance of the Series 2013B Bonds, the financing of the Project and the location and nature of the Project has been duly given in the same manner as required by the Issuer for the adoption of resolutions generally, including publication of notice not less than fourteen (14) days prior to such public hearing in a newspaper of general circulation in the City. Such public hearing was held by the Issuer on September 23, 2013, and interested individuals were provided a reasonable opportunity to express their views, both orally and in writing, on the proposed issuance of the Series 2013B Bonds, the financing of the Project and the location and nature of the Project. E. The Issuer has been advised that financing all or a part of the cost of the Project by the Issuer will be in furtherance of the purposes of the Act in that it will enhance and expand the health care and senior housing industries, promote and foster the economic growth and development of the Issuer and the State, advance the public purposes providing modern and efficient continuing care facilities in the City, improve living conditions and health care and will serve other predominantly public purposes as set forth in the Act. The Project is appropriate to the needs and circumstances of and shall make a significant contribution to the economic growth and development of the City and the State, shall preserve and provide gainful employment and shall serve a public purpose by advancing the economic prosperity and the general welfare of the City, the State and its people as stated in Section 159.26, Florida Statutes, as amended. F. Based on representations made by the Borrower, the City and other local agencies have been and will continue to be able to cope satisfactorily with the impact of the Facilities and have been and will be able to provide, or cause to be provided when needed, the public facilities, including utilities and public services, that have been or will be necessary for the construction, operation, repair and maintenance of the Facilities and on account of any increases in population or other circumstances resulting therefrom. G. Adequate provision has been made in the documents attached hereto for a loan by the Issuer to the Borrower to finance all or a portion of the cost of the Project, for the operation, repair and maintenance of the Facilities at the expense of the Borrower and for the repayment by the Borrower of the loan in installments sufficient to pay the principal of, premium, if any, and the interest on the Series 2013B Bonds and all costs and expenses relating thereto in the amounts and at the times required, and for the payment by the Borrower of all costs incurred by the Issuer in connection with the financing of all or a portion of the cost of the Project and the administration of the Facilities. 4 4815 - 5921 - 7685.3 AGENDA ITEM 3 SEPTEMBER 23, 2013 H. Based upon the financial information heretofore furnished to the Issuer by the Borrower, the Borrower is financially responsible and fully capable and willing to serve the purposes of the Act and fulfill its obligations under the proposed financing agreements for the Project and under any other agreements to be made in connection with the issuance of the Series 2013B Bonds and the use of the Bond proceeds for financing all or a part of the cost of the Project, including the obligation to pay loan payments or other payments in an amount sufficient in the aggregate to pay all of the interest, principal and redemption premiums, if any, on the Series 2013B Bonds, in the amounts and at the times required, the obligation to operate, repair and maintain the Project at the Borrower's own expense, and such other responsibilities as may be imposed under such agreements, due consideration having been given to the financial condition of the Borrower, its ratio of current assets to current liabilities, net worth, earnings trends and coverage of all fixed charges, the nature of the industry or business and of the activity involved, the inherent stability thereof and other factors determinative of the capabilities of the Borrower financially and otherwise, to fulfill its obligations consistently with the purposes of the Act. I. Based on representations made by the Borrower, the cost of the Project are "costs" of a "project" within the meaning of the Act. All of the proceeds of the Series 2013B Bonds will be applied to the financing of a portion of the cost of the Project, financing a debt service reserve fund and paying costs of issuance of the Series 2013B Bonds, as provided herein. J. Based on information supplied by the Borrower, the best interests of the inhabitants of the City will be served, and the public purposes of the Act will be advanced, by the financing all or all or a portion of the cost of the Project in the manner described in the Loan Agreement and the Indenture. K. The principal of, premium, if any, and interest on the Series 2013B Bonds, and all sinking fund and other payments required to be made by the Issuer under the provisions of the Indenture and the Loan Agreement, shall be payable solely from certain moneys pledged under the Indenture, including but not limited to certain payments of the Borrower under the Loan Agreement. The Series 2013B Bonds shall not be deemed to constitute a debt, liability or obligation of the Issuer, of Duval County, Florida (the "County ") or of the State or any political subdivision thereof, or a pledge of the faith and credit or the taxing power of the Issuer, of the County or of the State or any political subdivision thereof, but shall be payable solely from the revenues and proceeds pledged thereto under the Indenture. The issuance of the Series 2013B Bonds shall not directly or indirectly, or contingently, obligate the Issuer, the County or the State or any political subdivision thereof, to levy or pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof. No holder or owner of any of the Series 2013B Bonds shall ever have any right to compel the exercise of the ad valorem taxing power or the levy or collection of any ad valorem taxes, directly or indirectly, for the payment of any of the principal of, premium, if any, or interest on the Series 2013B Bonds. L. The payments to be made by the Borrower under the Loan Agreement will be sufficient to pay all principal of, premium, if any, and interest on the Series 2013B Bonds, as the same shall become due, and to make all other payments required by the Loan Agreement and the Indenture. 5 4815- 5921 - 7685.3 AGENDA ITEM 3 SEPTEMBER 23, 2013 M. A negotiated sale of the Series 2013B Bonds is required and necessary and is in the best interest of the Issuer for the following reasons: the Series 2013B Bonds will be special and limited obligations of the Issuer payable out of moneys derived by the Issuer from the Borrower or as otherwise provided herein and will be secured by funds and collateral of the Borrower; the Borrower will be required to pay all costs of the Issuer in connection with the financing; the cost of issuance of the Series 2013B Bonds, which must be borne directly or indirectly by the Borrower would most likely be greater if the Series 2013B Bonds are sold at public sale by competitive bids than if the Series 2013B Bonds are sold at negotiated sale, and there is no basis, considering prevailing market conditions, for any expectation that the terms and conditions of a sale of the Series 2013B Bonds at public sale by competitive bids would be any more favorable than at negotiated sale; because prevailing market conditions are uncertain, it is desirable to sell the Series 2013B Bonds at a predetermined price; and revenue bonds having the characteristics of the Series 2013B Bonds are typically sold at negotiated sale under prevailing market conditions. N. The Underwriter has orally agreed with the Borrower to use its best efforts to submit to the Issuer and the Borrower an offer to purchase the Series 2013B Bonds in substantially the form of the Bond Purchase Agreement upon terms acceptable to the Issuer and the Borrower as hereinafter authorized, and it is necessary and appropriate to authorize a negotiated sale of the Series 2013B Bonds to the Underwriter and to authorize the execution and delivery of the Bond Purchase Agreement upon the terms hereinafter provided. O. It is appropriate that the Issuer approve the use and distribution by the Underwriter of the Preliminary Official Statement, and that the Issuer authorize the distribution of a final official statement prior to the issuance and delivery of the Series 2013B Bonds. For this purpose, it is appropriate that the Preliminary Official Statement be approved and that preparation and distribution of a final official statement in the manner hereinafter provided be authorized. P. All conditions precedent to the financing of the Project have been satisfied, or will be satisfied prior to the delivery of the Series 2013B Bonds, and the issuance of the Series 2013B Bonds will otherwise comply with all of the provisions of the Act. SECTION 4. FINANCING OF PROJECT. The financing by the Issuer of the Project in the manner provided herein is hereby authorized. SECTION 5. AUTHORIZATION OF THE SERIES 2013B BONDS. For the purpose of providing funds to (i) pay or reimburse the cost of the Project, (ii) fund a debt service reserve fund and (iii) pay certain costs of issuance of the Series 2013B Bonds, and subject and pursuant to the provisions hereof, the issuance of the Series 2013B Bonds in an aggregate principal amount of not to exceed $20,000,000 is hereby authorized; provided, however, that no series of Bonds shall be issued unless and until (i) the City Attorney has rendered his legal opinion relating to the issuance of the of Series 2013B Bonds and (ii) Foley & Lardner LLP, or other nationally recognized bond counsel, has rendered an opinion to the effect (among other things) that the interest on the Series 2013B Bonds will be excluded from gross income for federal income tax purposes under existing laws of the United States of America at the time of the delivery of the Series 2013B Bonds. 6 4815 - 5921 - 7685.3 AGENDA ITEM 3 SEPTEMBER 23, 2013 The Series 2013B Bonds shall be in the aggregate principal amounts, dated such dates, shall bear interest at such rates, shall be payable or shall mature on such dates and in such amounts, shall be issued in such denominations, shall be subject to optional and mandatory redemption and tender at such time or times, and upon such terms and conditions, shall be payable at the place or places and in the manner, shall be executed, authenticated and delivered, shall otherwise be in such forms, and subject to such terms and conditions, all as provided in the Indenture and Bond Purchase Agreement. The Series 2013B Bonds and the premium, if any, and the interest thereon shall not be deemed to constitute a general debt, liability or obligation of the Issuer, the County or the State, or of any political subdivision thereof, or a pledge of the faith and credit of the Issuer, the County or the State or of any political subdivision thereof, but shall be payable solely from the Trust Estate (as defined in the Indenture) provided therefor under the Indenture, and the Issuer is not obligated to pay the Series 2013B Bonds or the interest thereon except from such Trust Estate pledged therefor and neither the faith and credit of the Issuer nor the faith and credit or taxing power of the Issuer, the State, the County or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, or interest on the Series 2013B Bonds. SECTION 6. AUTHORIZATION OF EXECUTION AND DELIVERY OF THE INDENTURE. The Indenture, substantially in the form attached hereto as Exhibit A with such insubstantial changes, corrections, insertions and deletions as may be approved by the Mayor, such approval to be evidenced conclusively by their execution thereof, is hereby approved and authorized; the Issuer hereby authorizes and directs the Mayor to date and execute and the City Clerk to attest, under the official seal of the Issuer, the Indenture, and to deliver the Indenture to the Trustee; and all of the provisions of the Indenture, when executed and delivered by the Issuer, as authorized herein, and by the Trustee, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. SECTION 7. AUTHORIZATION OF EXECUTION AND DELIVERY OF THE LOAN AGREEMENT. The Loan Agreement, substantially in the form attached hereto as Exhibit B with such insubstantial changes, corrections, insertions and deletions as may be approved by the Mayor, such approval to be evidenced conclusively by their execution thereof, is hereby approved and authorized; the Issuer hereby authorizes and directs the Mayor to date and execute and the City Clerk to attest, under the official seal of the Issuer, the Loan Agreement, and to deliver the Loan Agreement to the Borrower; and all of the provisions of the Loan Agreement, when executed and delivered by the Issuer, as authorized herein, and by the Borrower, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. SECTION 8. NEGOTIATED SALE OF SERIES 2013B BONDS; AUTHORIZATION OF EXECUTION AND DELIVERY OF THE BOND PURCHASE AGREEMENT. Subject to the satisfaction of the conditions set forth in this Section, a negotiated sale of the Series 2013B Bonds is hereby authorized. The Mayor is hereby authorized and directed to award the sale of the Series 2013B Bonds to the Underwriter pursuant to the provisions of the Bond Purchase Agreement, subject to all the following conditions: 7 4815 -5921- 7685.3 AGENDA ITEM 3 SEPTEMBER 23, 2013 A. Receipt by the Mayor of the Bond Purchase Agreement providing for, among other things, (i) the issuance of the Series 2013B Bonds in an aggregate principal amount which, together with the cumulative aggregate principal amount of any Bonds previously issued by the Issuer, shall not to exceed $20,000,000, (ii) an underwriter's discount not in excess of 2.50% of the par amount of such Series 2013B Bonds, (iii) a true interest cost not to exceed 8.00% per annum, and (iv) the final maturity date of such Bonds to be no later than thirty -one (31) years from the dated date of such Series 2013B Bonds. B. Receipt by the Mayor from the Underwriter of a disclosure statement and truth -in- bonding information complying with Section 218.385, Florida Statutes. Upon satisfaction of the foregoing conditions, the Bond Purchase Agreement, with such other insubstantial changes, corrections, insertions and deletions as may be approved by the Mayor, such approval to be evidenced conclusively by the Mayor's execution thereof, is approved and authorized; the Issuer hereby authorizes and directs the Mayor to date and execute the Bond Purchase Agreement and to deliver the Bond Purchase Agreement to the Underwriter; and all of the provisions of the Bond Purchase Agreement, when executed and delivered by the Issuer as authorized herein and by the Borrower and the Underwriter, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. SECTION 9. APPROVAL OF PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZATION OF FINAL OFFICIAL STATEMENT. The form of the Preliminary Official Statement, with such omissions, insertions and variations as may be necessary to complete the Preliminary Official Statement and allow the Mayor to deem the Preliminary Official Statement final as hereinafter described, is authorized to be used in connection with the sale of the Series 2013B Bonds. Although the Issuer hereby consents to and approves the use and distribution by the Underwriter of the Preliminary Official Statement, the Issuer has not participated in the preparation of the Preliminary Official Statement and makes no representations as to its accuracy or completeness other than in respect to any information contained therein under the caption "THE ISSUER" and under the caption "LITIGATION — The Issuer." The Mayor is hereby authorized to deem the Preliminary Official Statement final as of its date on behalf of the Issuer for purposes of Rule 15c2 -12 of the Securities and Exchange Commission (except for such omissions permitted by such Rule), and to execute a certificate to that effect to be delivered to the Underwriter. A final official statement in substantially the form of the Preliminary Official Statement, with such omissions, insertions and variations as may be necessary and/or desirable and approved by the Mayor prior to the release thereof, is hereby authorized for use and distribution by the Underwriter prior to the issuance and delivery of the Series 2013B Bonds. SECTION 10. AUTHORIZATION OF EXECUTION OF OTHER CERTIFICATES AND INSTRUMENTS. The Mayor and the City Clerk are hereby authorized and directed, either alone or jointly, under the official seal of the Issuer, to execute and deliver certificates of the Issuer certifying such facts as counsel for the Issuer, counsel to the Underwriter or Bond Counsel shall require in connection with the issuance, sale and delivery of the Series 2013B Bonds, and to execute and deliver such other instruments, including but not limited to, tax certificates and agreements, deeds, assignments, bills of sale and financing statements, as shall be necessary or desirable to perform the Issuer's obligations under the Loan 8 4815 -5921- 7685.3 AGENDA ITEM 3 SEPTEMBER 23, 2013 Agreement, the Indenture and the Bond Purchase Agreement, and to consummate the transactions hereby authorized. SECTION 11. NO PERSONAL LIABILITY. No representation, statement, covenant, warranty, stipulation, obligation or agreement herein contained, or contained in the Series 2013B Bonds, the Loan Agreement, the Indenture, the Bond Purchase Agreement, or in any certificate or other instrument to be executed on behalf of the Issuer in connection with the issuance of the Series 2013B Bonds, shall be deemed to be a representation, statement, covenant, warranty, stipulation, obligation or agreement of any member, officer, employee or agent of the Issuer in his or her individual capacity, and none of the foregoing persons nor any officer of the Issuer executing the Series 2013B Bonds, the Loan Agreement, the Indenture, the Bond Purchase Agreement, or any certificate or other instrument to be executed in connection with the issuance of the Series 2013B Bonds shall be liable personally thereon or be subject to any personal liability or accountability by reason of the execution or delivery thereof. SECTION 12. APPOINTMENT OF BOND TRUSTEE. U.S. Bank National Association, a national banking association, with a designated corporate trust office located in Jacksonville, Florida, is hereby appointed as the Bond Trustee (the "Bond Trustee ") under the Indenture relating to the Series 2013B Bonds and as registrar and paying agent with respect to the Series 2013B Bonds. SECTION 13. VALIDATION. The Series 2013B Bonds shall not be required to be validated pursuant to Chapter 75, Florida Statutes, as amended; provided, however, that if required by counsel to the Issuer, counsel to the Borrower or Bond Counsel, the Series 2013B Bonds may be validated and in such event Issuer's counsel is hereby authorized, at the expense of the Borrower, to prepare validation pleadings on behalf of the Issuer and to take any and all action as Issuer's counsel may deem necessary or desirable for the validation of such Series 2013B Bonds. SECTION 14. NO THIRD PARTY BENEFICIARIES. Except as provided herein or in the Series 2013B Bonds, the Loan Agreement, the Indenture, the Bond Purchase Agreement, and any assignment thereof, nothing in this Resolution or in such documents, expressed or implied, is intended or shall be construed to confer upon any person, firm, corporation or other organization, other than the Issuer, the Borrower, the Bond Trustee, the Underwriter and the owners from time to time of the Series 2013B Bonds any right, remedy or claim, legal or equitable, under and by reason of this Resolution or any provision hereof or of such documents; this instrument, such documents and all provisions hereof and thereof being intended to be and being for the sole and exclusive benefit of the Issuer, the Borrower, the Bond Trustee and the owners from time to time of the Series 2013B Bonds. SECTION 15. PREREQUISITES PERFORMED. All acts, conditions and things relating to the passage of this Resolution, to the issuance, sale and delivery of the Series 2013B Bonds, to the execution and delivery of the Loan Agreement, the Indenture and the Bond Purchase Agreement, required by the Constitution or other laws of the State, to happen, exist and be performed precedent to the passage hereof, and precedent to the issuance, sale and delivery of the Series 2013B Bonds, to the execution and delivery of the Loan Agreement, the Indenture and the Bond Purchase Agreement, have either happened, exist and have been performed as so 9 4815 -5921- 7685.3 AGENDA ITEM 3 SEPTEMBER 23, 2013 required or will have happened, will exist and will have been performed prior to such execution and delivery. SECTION 16. COMPLIANCE WITH CHAPTER 218, PART III, FLORIDA STATUTES. The Issuer hereby approves and authorizes the completion and filing with the Division of Bond Finance, Department of General Services of the State of Florida, at the expense of the Borrower, of Bond Information Form BF 2003, and any other acts as may be necessary to comply with Chapter 218, Part III, Florida Statutes, as amended. SECTION 17. GENERAL AUTHORITY. The commissioners, officials, attorneys, engineers or other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this Resolution, the Series 2013B Bonds, the Loan Agreement, the Indenture, and the Bond Purchase Agreement, and to do all acts and things which are desirable and consistent with the requirements hereof or of the Series 2013B Bonds, the Loan Agreement, and the Indenture, for the full, punctual and complete performance of all the terms, covenants and agreements contained herein or in the Series 2013B Bonds, the Loan Agreement and the Indenture. SECTION 18. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provisions of law, though not expressly prohibited, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions, and shall in no way affect the validity of any of the other provisions hereof or of the Series 2013B Bonds issued under the Indenture. SECTION 19. REPEALING CLAUSE. All resolutions or parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. [Remainder of this page intentionally left blank.] 10 4815 - 5921 - 7685.3 AGENDA ITEM 3 SEPTEMBER 23, 20I3 SECTION 20. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 23rd day of September, 2013. CITY OF ATLANTIC BEACH, FLORIDA By: Mayor (OFFICIAL SEAL) ATTEST: City Clerk APPROVED AS TO FORM AND CORRECTNESS: City Attorney 11 4815 - 5921 4685.3 AGENDA ITEM 3 SEPTEMBER 23, 2013 EXHIBIT LIST Exhibit A — Indenture of Trust Exhibit B — Loan Agreement Exhibit C — Bond Purchase Agreement Exhibit D — Preliminary Official Statement 4815 - 5921 - 7685.3 EXHIBIT A INDENTURE OF TRUST 4815- 5921 - 7685.3 AGENDA ITEM 3 SEPTEMBER 23, 2013 EXHIBIT B LOAN AGREEMENT 4815 -5921- 7685.3 AGENDA ITEM 3 SEPTEMBER 23, 2013 EXHIBIT C BOND PURCHASE AGREEMENT 4815 - 5921 - 7685.3 AGENDA ITEM 3 SEPTEMBER 23, 2013 EXHIBIT D OFFICIAL STATEMENT 4815 - 5921 - 7685.3 AGENDA ITEM 3 SEPTEMBER 23, 2013 AGENDA ITEM 4 SEPTEMBER 23, 2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Playground Services for the Rose Park SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: September 16, 2013 STRATEGIC PLAN LINK: No link (was added to the FY 2011/12 Strategic Plan, not specifically included in 12/13 or 13/14 plans. BACKGROUND: As previously briefed to the Commission, in order to get expert opinions from the professionals in the playground industry about the best type of playground to be installed, Public Works decided to remove the playground from the project bid and solicit this part of the project directly with four major playground suppliers in NE Florida. The rational was to save money by working directly with the playground companies and allow the suppliers the opportunity to present to Public Works their expert opinions on what type of playground system would be best for the project and location. This would maximize the monies being spent on the playground portion by eliminating any markup that a construction company would impose and enable the City to get the best product for the least cost with strong input from the playground services professionals. Public Works requested 15 -20 minute presentations for playground designs from four (4) major playground companies. The four playground companies solicited for presentations were Kompan, Advanced Recreational Concepts, Playmore Recreational Services, and Dominica Recreational Products. These providers were instructed to prepare proposed designs for a 5 -12 year old playground for presentation to Staff with all of them designing a playground with a maximum budget of $35,000. The companies were also requested to submit an existing approved contract that the City could use to enable the company to be used as a contractor based on purchasing policy. All were determined applicable in meeting our purchasing requirements by the City's Purchasing Agent. The presentations were rated on representative's presentation and professionalism, product materials including warranty, and the playground design and style. It was determined that all the companies were well represented, product quality solid, and brought their own unique perspectives and positives to the project. However, Public Works was most impressed with Playmore Recreational Services presentation, product and particularly the playground design. The Playmore playground design incorporated numerous climbing opportunities with a traditional central sliding area to provide what Public Works feels as the best product for the area. The playground will be a good compliment to our existing playground facilities. Playmore also has excellent warranty policies and a professional sales agent who is an AB resident. AGENDA ITEM 4 SEPTEMBER 23, 20I3 BUDGET: All presentations were based on a $35,000 budget. However, Staff requested $40,000 be added to the draft Budget to include shade cover over part of the playground equipment. RECOMMENDATION: Because cost for the proposed structure exceeds the City Manager's purchasing limit, recommend the Commission authorize the City Manager to approve the Rose Park playground purchase from Playmore Recreational Services. ATTACHMENTS: 1. Proposal Design and cost quote REVIEWED BY CITY MANAG Rase Park Playground Atlantic Beach, Florida Option #3 PLAYMORE YMORE ROCiB01101141 ProCUdi & S. licax 10771 D3- Rariiatrs Rw7.5u x 1 :at Sys FL 3,I i2841. 791.240C (11111 Me 3757 ;2]37 777141CI 1a F. 11.1 Inoc:,1.1- �yM -,'.rr ran wompbrnronpM�m.ea, /4' 38 USERS 5-12 PLAYW©RLDTM o mnbamrraef.P.".., Nq+vwl!° b a brand NPb�wA06YakmR be ROSE PARK PLAYGROUND ATLANTIC BEACH, FL 20' x 35'3" x 10'5" 8 Ft. 2335 SqFt. 487 X 59'4" Playground Supervision Required d PROJECT NO: OPT 3 REV: A SYSTEM: CHALLENGERS SITE PLAN DATE: 17- JUL -13 SCALE: 3/32" =1.-0" DRAWN BY: STARR MEJIA Playmore Recreational Products 10271 Deer Run Farms Rd Ste #1 Fort Myers, FL 33966 888 - 886 -3757 li: P Recreational Products & Services 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791 -2400 (239) 791 -2401 fax (888) 886 -3757 toll free wwff playmoreonline. com Client: City of Atlantic each 1200 Sandpiper Lane Atlantic Beach FL 32233 Contact:Tim Gl lboy Phone: 904 - 247 -5834 Sales Rep: Adam King Item 1 Equipment Challenger Discount ZZXX 1020 ZZXX 1 422 ZZXX9430 FRI FRI 2 Freight Freight Freight 3 Installation PSI Installation Installation Description Fax: AGENDA ITEM 4 SEPTEMBER 23.2013 QUOTATION 07/17/13 Job Number: 7279 Phase: 0p13 Revision: Job: Rose Park 1 Orchid Street Atlantic Beach FL 32233 tgilboycaab.us Terms: Net 30 SUN -1333 Summer Sale, Expires 8/30/13 Curved Balance Beam 6Ft Backless Coated Bench (And Frame) 4Ft Border Timbers W /Staice 117 CY ofPlaysafe Plus Mulch 1800 SF Weed Mat Piayworld Freight FRI Freight Installation of Playworld Equipment Installation ofPlaysafe Plus Mulch, priced per CF Notes: Please review terms page for installation information. Page I Qnanti Cost Subtotal 1 $20,362.00 $20,362.00 -1 $3,364.00 -S3,364.00 1 $422.00 $422.00 2 $289.00 $578.00 46 $43.00 $1,978.00 117 522.52 $2,634.84 2 $ 160.00 $320.00 Subtotal: Subtotal: 1 2335 Subtotal: Grand Totals: $22,930,84 $1,689.00 $1,624.00 $1,689.00 $1,624:00 $3,313.00 $7,002.00 50.75 57,002.00 51,751.25 $8,753.25 $34,997.09 AGENDA ITEM: SUBMITTED BY: DATE: STRATEGIC PLAN LINK: BACKGROUND: BUDGET: RECOMMENDATION: ATTACHMENTS: AGENDA ITEM 5 SEPTEMBER 23, 2013 CITY COMMISSION MEETING STAFF REPORT Authorization to Execute Contract with PBA (Police) Union Jim Hanson, City M September 12, 2013 N/A The PBA (Police) Union members have voted to ratify proposed amendments to the contract that were proposed by the City. These changes dealing with pay were discussed with the City Commission during a SHADE meeting held on August 26th. Other than pay, there are no other changes to the Police Union contract this year. A strikethrough version of Article 26 Wages from the PBA contract is attached. New language is in underline format. If any of you would like to receive a copy of the full contract, please contact Donna Bartle. Unchanged portions of the contract were not copied because it exceeds 50 pages in length. Funds for pay increases related to this union contract are included in the FY -14 budget which is scheduled for approval by the City Commission on September 23, 2013. The City Commission authorize the Mayor to sign the PBA (Police) Union contract on behalf of the City. 1) Article 26: Wages AGENDA ITEM 5 SEPTEMBER 23, 2013 ARTICLE 26 WAGES 26.1 The salary ranges within Exhibit A have been retained at the October 1, 2012/2013 400-racva. Employees with more than 6 months service as of the date of ratification of this Agreement by both parties, and are in a position that is considered "year round ", working on a scheduled "year round" basis, shall receive a one point one eight five percent (1.185 %) cost-of-living increase adjustment to their annual base salary upon passage and state approval of amendments to Atlantic Beach Code of Ordinances, Part 11, Chapter 2, Article VI, Section 4 ( "Police Officers' Retirement System "). Effective October 1, 2013, employees with six (6) months service, are in a position that is considered "year round ", working on a scheduled "year round" basis, and have received an evaluation of "Meets Requirements" or above shall receive a one percent (1.0 %) increase adjustment to their annual base salary. Effective October 1, 2014, employees with six (6) months service of the date of ratification, are in a position that is considered "year round," working on a schedule "year round" basis, and have received an evaluation of "Meets Requirements" or above shall receive a one percent ( 1.0 %) increase adjustment to their annual base salary. Effective October 1 2.013 a fixed amount will be added to each cm to ees' annual sala for time in their most current .osition as ofOctober 1 2013. 1 year as of October 1, 2013 $200 2 ears as of October 1 2013 400 3 years as of October 1, 2013 4 years as ofOctober 1, 2013 5 or more cars as of October 1 2013 $600 $800 1 000 Effective October 1, 2013, employees with six (6) months service as of October 1, 2013, are in a position that is considered "year round," working on a schedule "year round" basis, and have received an evaluation of "Meets R, euirements" or above shall receive a merit increase of2% of midpoint, Employees that have met or exceeded the maximum of their pay range will not be eligible for the fixed amount for time in position._ Employees that have met or exceeded the maximum of their pay range with six (6) months service as of October 1, 2013, are in a position that is considered "year round. working on a schedule " ear round" basis and have received an evaluation of "Meets Ile c tjjrements" or above shall receive a onetime merit bonus of2% of mid crp int. 41 AGENDA ITEM 6 SEPTEMBER 23, 2013 CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Authorization to Execute Contract with LIUNA (Blue Collar) Union SUBMITTED BY: Jim Hanson, C. M DATE: September 12, 2013 STRATEGIC PLAN LINK: N/A BACKGROUND: BUDGET: Representatives from the LIUNA (Blue Collar) Union have indicated that they are submitting the proposed contract amendments from the City of Atlantic Beach for ratification of their members in a vote on September 18, 2013. If they vote to approve the contract at that time, it will be necessary for the Commission to authorize approval also. Aside from the pay increases that are similar to those that are proposed for other City employees in the FY -14 budget, there are three other minor contract amendments that are included in this new contract. Underlined copies of the changes of the affected pages in the contract are attached for your review. The entire contract is available from the City Clerk, but it is not being copied for the agenda packet because of its length. Funds for pay increases related to this union contract are included in the FY -14 budget which is scheduled for approval by the City Commission on September 23, 2013. RECOMMENDATION: The City Commission authorize the Mayor to sign the LIUNA (Blue Collar) Union contract on behalf of the City after approval by the Union. ATTACHMENTS: 1) Article 6: Union Stewards and Union Representation 2) Article 7: Probationary Employees 3) Article 21: Safety and Health 4) Article 26: Wages AGENDA ITEM (, SF,PIEMBEIR 23, 2013 ARTICLE 6 - UNION STEWARDS AND UNION REPRESENTATION 6.1 Employees covered by this Agreement will be represented by stewards designated by the Union in the following locations. Location Number of Stewards Public Works and Parks 2 Public Utilities 2 The Union may appoint one of the above stewards as a Roving Steward. When additional permanent work locations are created with more than five (5) union eligible employees, the Employer and the Union will meet at the request of either party for the purpose of mutually determining the stewardship needs of the Union. 6.2 A written list of union stewards shall be furnished to the Human Resource Manager prior to the effective date of their assuming duties of office. Union stewards will not perform any grievance work until such notification is received by the Employer. 6.3 The Business Manager or the President of the Union, may, with prior authorization by the City Manager or appropriate Department Head, be admitted to the property of the Employer. Union officials, as designated above, shall be able to talk with employees before or after regular working hours or during the lunch period of said employees on Employer property in areas mutually agreed upon by the Union and the Employer to discuss union business, including but not limited to, grievances. 6.4 The following sections outline the duties and responsibilities of stewards recognized union representatives. In those cases which cannot be resolved otherwise, designated union stewards shall be granted reasonable time off, without loss of pay, to settle grievances. Work Ioss must be minimized. The steward must advise his supervisor of the requirement of such time and secure permission. Such permission will not be unreasonably withheld. Union stewards shall normally settle grievances on the job site that is within their designated jurisdiction. 1 -iowe i it If there is a previous conflict between the desicnaied union steward and the area supervisor tbilt mr _pi rnt of diet grievance, the Union may request, in writing; that the City allow for the union steward from another area represent the member.. I his exception must be mutually agreed upon in advance by the City ;And the I1niolti Files of the employee as authorized by Chapter 119 of the Florida Statutes, or exempt files as authorized by the employee (in writing), shall be open for investigation by the steward when settling grievances. Union stewards shall not conduct any grievance 8 AGENDA ITEM 6 SEPTEMBER 23, 2013 ARTICLE 7 - PROBATIONARY EMPLOYEES 7.1 All employees shall be classified as probationary employees for the first six (6) months of continuous uninterrupted employment. The probationary period shall apply for all employees in a new job classification (new employee or an employee who has been transferred, promoted or demoted). The Department Head has the discretion to extend the probationary period an additional six (6) months. 7.2 Except in the case of a transfer or promotion to a new position which is set forth below, at any time during the probationary period the Employer may decide to terminate a probationary employee with or without cause. Such decision to terminate shall not be subject to the grievance or arbitration procedures of this collective bargaining Agreement. Prior to termination, the employee shall be provided with a written statement of the reason(s) for such action (just cause is not required) and afforded the right to a pre - disciplinary hearing per Article 9.9. 7.3 Provisions as to seniority shall not apply to probationary employees, rather seniority shall date back to the time of hire after an employee has successfully completed his probationary period. if more than one (1) employee is hired on the same day, seniority shall be determined by the day (1 - 31) of birth, with the employee with the lowest numeric day of birth having the most seniority. 7.4 Employees who are subject to a probationary period because of a transfer or promotion to a new Union position shall be returned to the position they held prior to the transfer or promotion with pay constructively adjusted per Article 26 should management determine that the employee is not successfully completing the probationary period. However, nothing shall prevent the Employer from discharging, suspending or otherwise disciplining, the transferred or promoted employee during the probationary period for just cause. Further, should the transferred or promoted employee be returned to his former position for failing to satisfactorily complete the probationary period, the Employer shall have the right to terminate the individual who filled the transferred or promoted employee's former position. 11 the original position of the transferred or promoted employe,. resulted in a promotion for another union employee., that employee woulrr reverted back to his original position with pay constructively adjusted per ArtiL!, 26. The new en3pk yee hired to fill that open position ( i.e. the lowest l position in this process) would then be terminated. In most cases, this new employee. Such termination shall not be subject to the grievance arbitration provisions of this Agreement. hits policy is only applicrbk transfer, , is, within the 1,111NA ba uni AGENDA ITEM 6 SEPTEMBER 23, 2013 ARTICLE 21 - SAFETY AND HEALTH 21.1 The Employer and the Union agree that they will conform to all laws relating to safety, health, sanitation and working conditions. The Employer and the Union will cooperate in the continuing objective of eliminating safety and health hazards where they are shown to exist. 21.2 Safety practices may be improved upon from time to time by the Employer and upon recommendations of the Employer and the Union. Protective devices, apparel, and equipment, when provided by the Employer must be used and any failure to obey safety regulations or to use safety devices shall result in disciplinary action, up to and including discharge. 21.3 The Employer agrees to provide hepatitis immunization shots to employees within the bargaining unit subject to the approval of the appropriate Department Head. Employees who do not wish to receive the hepatitis immunization shots will be required to sign a refusal waiver to this effect. 21.4 The employer will require that any employee involved in an accident or incident resulting in iniury and/ 7r damages to property submit to a drug: and/or alcohol test. Failure to_. ass the drus�►. and /or alcohol test or refusal to take drug andlor alcohol lest will result in disciplinary actions up to and including discharge. AGENDA ITEM 6 SEPTEMBER 23, 2013 ARTICLE 26 - WAGES 26.1 (a) Effective on the date of ratification of this Agreement by both parties, or the date of Legislative action pursuant to Section 447.403(4)(d), Florida Statutes, whichever date is applicable, all full time and regular part time employees that are in a position that is considered "year round," shall receive a one percent (1 %) increase in their base pay rate. Effective October 1, 2013, a fixed amount _will be added to each employees' annual salary for time in their rnost current position as of October 1.2013. 1 year as of October 1, 2013 $200 2 years as of October 1, 2013 $400 3years as of October 1, 2013 $600 4 years as of October I , 2013 $110]00 5 or more years as of October I, 2013 $1,000 Effective October 1, 2013, employees with six (6) months service as of October 1, 2013, are-in_a pasikian that rs considdered "year round." working on a schedule year round" basis, and have received an evaluation of "Meets Requirements" or above shall receive a merit increase of 2% of midpoint. - Employees that have met or exceeded the maximum of their pay range will not be eligible for the fixed amount for time in position. Employees that have met or exceeded the maximum of their pay range with six (6) months service as of October I. 2013, are in a position that is considered year round," working on a schedule "year round" basis, and have received an evaluation of "Meets Requirements" or above shall receive the equivalent of 2% in midpoint. The hourly wage will be increased to the maximum of the pay ranee and any remaining amount will be given in a one onetime merit bonus. (b) Notes - Evaluations. If an employee does not receive at least a "Meets Requirements" overall evaluation, they shall not receive a pay adjustment. - Employees who receive an overall rating of °Below Requirements" on their evaluation, or who believe the City did not follow the City's performance guidelines, may file a grievance utilizing the grievance procedures contained within Article 10. 46