Item 8AAGENDA ITEM # 8A
OCTOBER 12, 2009
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Interlocal Agreement with City of Jacksonville for providing
Jacksonville Sea and Sky Spectacul (Air Show)
SUBMITTED BY: Jim Hanson, City M __
DATE: October 6, 2009
BACKGROUND: The City of Atlantic Beach has entered into Interlocal Agreements in past
years with the Cities of Jacksonville, Neptune Beach, Jacksonville Beach
and the United States Navy to put on a bi-annual air show at the beaches.
Atlantic Beach's responsibilities in the past have included contributing
$10,000 to the cost of putting on the event as well as providing police and
public works personnel to assist in Jacksonville Beach.
The 2009 Air Show is scheduled for November 6th through 8th and the
City of Jacksonville has prepared a new Interlocal Agreement for the
upcoming show. This Agreement is very similar to the ones in the past
with the exception that the beach cities are not required to contribute any
funds. A minor change in the wording to paragraph 4.1.2 is being drafted
by the Jacksonville General Counsel's Office that would expand the
paragraph to include the Cities of Neptune Beach and Atlantic Beach.
This paragraph limits the authority of the "Chief' (Director of Special
Events for the City of Jacksonville) to direct the activities of police
officers of the City of Jacksonville Beach. The amendment proposed
would also limit Jacksonville's authority over police from Atlantic Beach
and Neptune Beach.
The City of Jacksonville requests that we expedite the approval process
for this Interlocal Agreement. To do so will require the Commission's
approval to execute this Agreement with the understanding that paragraph
4.1.2 will be changed as described above. An alternative is to wait for
final wording and approve the Agreement at the October 26th meeting.
BUDGET: Cost for providing police officers and public works employees for this
event have been included in the adopted FY 2010 budget for the City of
Atlantic Beach.
RECOMMENDATION: Authorize the City Manager to execute the Interlocal Agreement with the
amendment to be added.
ATTACHMENT: Proposed Interlocal Agreement
AGENDA ITEM # 8A
OCTOBER 12, 2009
Prepared by and Return to:
Neill W. McArthur, Jr.
Office of General Counsel
117 West Duval Street, Suite 480
Jacksonville, Florida 32202
FOURTH REVISED INTERLOCAL AGREEMENT AMONG THE CITY OF
JACKSONVILLE, FLORIDA, THE CITY OF ATLANTIC BEACH, FLORIDA, THE
CITY OF JACKSONVILLE BEACH, FLORIDA, THE CITY OF NEPTUNE BEACH,
FLORIDA, AND THE COMMANDER, NAVAL REGION SOUTHEAST, U. S. NAVY
FOR CONDUCT OF THE JACKSONVILLE SEA AND SKY SPECTACULAR.
THIS FOURTH REVISED INTERLOCAL AGREEMENT (hereinafter referred to as
the "Agreement") is made and entered into as of this day of , 2009, by
and among the below listed parties; and supercedes the original Interlocal Agreement, by and
among the parties, made and entered into March 12, 2001 and revised for the first time on
October 9, 2003 and revised for the second time on August 4, 2005 and revised for the third time
on November 2, 2007; and shall become effective upon filing with the Clerk of the Circuit and
County Courts, as herein provided. The parties to this Agreement are:
THE CITY OF JACKSONVILLE, FLORIDA, a consolidated municipal/county
government, making the General Services District, within the territorial boundaries of Duval
County, Florida (hereinafter referred to as "JACKSONVILLE"), pursuant to authority in Section
111.105, Ordinance Code; and
THE CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation, within the
General Services District (hereinafter referred to as "ATLANTIC BEACH"); and
THE CITY OF JACKSONVILLE BEACH, FLORIDA, a municipal corporation,
within the General Services District (hereinafter referred to as "JACKSONVILLE BEACH");
and
THE CITY OF NEPTUNE BEACH, FLORIDA, a municipal corporation, within the
General Services District (hereinafter referred to as "NEPTUNE BEACH"); and
THE COMMANDER, NAVAL REGION SOUTHEAST, UNITED STATES NAVY
(hereinafter referred to as "CNRSE").
AGENDA 1TEM # 8A
OCTOBER 12, 2009
AGREEMENT SECTION PAGE
1. SUMMARY .................................................................................................... 2
2. PURPOSE ....................................................................................................... 2
3. RESPONSIBILITIES ...................................................................................... 3
4. JACKSONVILLE BEACH SEA & SKY SPECTACULAR OCEANFRONT AIR
SHOW COMMITTEE ..................................................................................... 5
5. TERM OF AGREEMENT ............................................................................... 5
6. EFFECTIVE DATE ......................................................................................... 6
7. TERMINATION .............................................................................................. 6
8. MAXIMUM INDEBTEDNESS ...................................................................... 6
9. SEVERABILITY ............................................................................................ 6
10. SECTION HEADINGS .................................................................................. 6
11. CONSTRUCTION ......................................................................................... 6
12. ENTIRE AGREEMENT ................................................................................ 6
13. COUNTERPARTS .......................................................................................... 7
IN CONSIDERATION of the mutual covenants herein contained and for other good and
valuable consideration, the legal sufficiency of which is acknowledged by the parties, the parties
agree as follows:
1. SUMMARY. This Agreement defines the covenants and responsibilities governing the
Jacksonville Sea and Sky Spectacular, to be held on November 6-8, 2009 (hereinafter sometimes
referred to as the "Event", as the context allows). It is an extended celebration of city events,
United States Armed Services activities and family entertainment programs to be held
periodically in the Jacksonville area. The primary goals of the Event are to foster positive
community relations and to support military recruiting efforts. The Event is intended to be an
annual regional attraction with air show sites alternating between Naval Air Station Jacksonville
and the Jacksonville Beach Oceanfront (this Agreement shall pertain exclusively to Events held
at the Jacksonville Beach Oceanfront).
2. PURPOSE. This Agreement formally creates a relationship among the parties for the
following purposes:
2.1. To provide JACKSONVILLE, ATLANTIC BEACH, JACKSONVILLE BEACH,
NEPTUNE BEACH and neighboring beach cities/communities along with the high
concentration of Naval commands and their service members a celebration that showcases the
military's presence in the region.
2.2. To foster positive community relationships by (a) creating an opportunity for long
term, mutual cooperation and commitment among city governments and Naval commands to
conduct an bi-annual event of regional attraction at an opportune time of year for the cities and
their business communities; and (b) supporting Armed Service recruiting by offering an exciting
family entertainment program which may include an air show and a demonstration of military
AGENDA ITEM # 8A
OCTOBER 12, 2009
capabilities.
3. RESPONSIBILITIES. The parties shall have the following responsibilities, which may
be supplemented or more specifically defined as necessary, from time to time, for the conduct of
the Event:
3.1. JACKSONVILLE:
3.1.1. Special Events Production and Coordination. The Chief of Special Events
(hereinafter referred to as the "Chief') represents JACKSONVILLE's interests and shall provide
special events production expertise and coordination for the Events held at the Jacksonville
Beach Oceanfront. The Chief will share in the responsibility of arranging and conducting the
Jacksonville Beach Oceanfront Air Show with ATLANTIC BEACH, JACKSONVILLE
BEACH, NEPTUNE BEACH and CNRSE.
3.1.2. Custodian for Sponsorship Funds. The Chief will serve as custodian of
sponsorship money and will write accounts payable checks using the sponsorship money raised
to support the Jacksonville Beach Oceanfront Air Show.
3.1.3. Event Promotion. JACKSONVILLE shall have the overall responsibility
for promoting the Event as a regional attraction.
3.1.4. Monetary Contribution. Subject to the maximum indebtedness in Section
8, below, JACKSONVILLE will provide and fund various services necessary to produce the
Event. Such services shall include police, private security, fire and rescue support services,
advertising and marketing, Jacksonville Transportation Authority shuttles, air show consultant,
air show acts, sound and entertainment, VIP area, liability insurance and event maintenance
(collectively and individually referred to as the "JACKSONVILLE Services"). Subject to the
maximum indebtedness in Section 8 below, JACKSONVILLE may provide services in addition
to the above JACKSONVILLE Services, to the extent that such additional services are become
necessary to produce the Event; provided however, such additional services shall not be provided
or required hereunder unless and until such time as this Agreement is amended, in writing, for
the inclusion of such additional services.
3.2. ATLANTIC BEACH. JACKSONVILLE BEACH and NEPTUNE BEACH•
3.2.1. Monetary Contribution. ATLANTIC BEACH, JACKSONVILLE
BEACH and NEPTUNE BEACH are not required to contribute any sponsorship funds for the
2009 Sea and Sky Spectacular, Jacksonville Beach Oceanfront Air Show, which shall be a part
of the 2009 Event.
3.2.2. Support Services. Within their respective city limits, and/or as the need
may require, ATLANTIC BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH shall
provide and fund staffing/police, fire and rescue support services for the Jacksonville Beach
AGENDA ITEM # 8A
OCTOBER 12, 2009
Oceanfront Air Show, including, without limitation, police services, crowd and traffic control,
parking and refuse collection. ATLANTIC BEACH, JACKSONVILLE BEACH and
NEPTUNE BEACH recognize and acknowledge that crowd sizes and logistics, as well as
financial considerations, may require joint sharing of these responsibilities and expenses as
matters develop, and agree to cooperate, in good faith, to reach equitable sharing arrangements
as such prove to be necessary. JACKSONVILLE shall provide and fund staffing police, fire and
rescue support services only to the extent that the circumstances surrounding the Jacksonville
Beach Oceanfront Air Show require supplementing such services, as determined by
JACKSONVILLE, in its sole and exclusive discretion.
3.2.3. Jacksonville Beach Oceanfront Air Show Facility. JACKSONVILLE
BEACH shall provide property for the Jacksonville Beach Oceanfront Air Show. The
aforementioned property shall be sufficiently available for the placement of tents, display booths,
and other festival requirements as necessary and approved by the JACKSONVILLE BEACH
City Manager and shall be consistent with JACKSONVILLE BEACH's Code of Ordinances and
Special Events Policies.
3.2.4. Responsibility for Jacksonville Beach Oceanfront Air Show.
ATLANTIC BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH City Managers or
their designated representatives shall share responsibility for arranging and conducting the
Jacksonville Beach Oceanfront Air Show with JACKSONVILLE'S Director and CNRSE;
provided however, said Director shall have the final or ultimate decision making authority,
subject only to Section 3.2.3. above.
3.2.5. Event Promotion. ATLANTIC BEACH, JACKSONVILLE BEACH and
NEPTUNE BEACH shall have secondary responsibility and secondary approval authority for
promoting the Event as a regional attraction.
3.3. Navy/CNRSE: CNSRE shall delegate his authority regarding the Event and
agrees as follows:
3.3.1. Air Show Responsibility. While the Commanding Officer of the Naval
Air Station Jacksonville (hereinafter referred to as "NAS") has primary responsibility for the
NAS Air Show, and is charged to conduct the on-base air show at NAS, the Commanding
Officer of Naval Station Mayport is charged only with support of the Jacksonville Beach
Oceanfront Air Show by staging of static display and performing aircraft, and by cooperating
with JACKSONVILLE to arrange and conduct the military demonstration at the Jacksonville
Beach Oceanfront Air Show.
3.3.2. Prohibition Against Use of Funds. In compliance with federal
regulations, fiduciary support raised on base via Naval Station Morale, Welfare and Recreation
Non-appropriated Fund Activities may not be used to support external activities.
4. JACKSONVILLE SEA AND SKY SPECTACULAR OCEANFRONT AIR SHOW
AGENDA ITEM # 8A
OCTOBER 12, 2009
COMMITTEE.
4.1. There shall be created a Jacksonville Beach Sea and Sky Spectacular Oceanfront
Air Show Committee (hereinafter referred to as the "Committee") with membership of the
parties and shall operate as follows:
4.1.1. Membership. JACKSONVILLE, ATLANTIC BEACH,
JACKSONVILLE BEACH, NEPTUNE BEACH and the Commanding Officer of Naval Station
Mayport each shall have membership on the Committee. This Committee shall advise
JACKSONVILLE on the production of the Jacksonville Beach Oceanfront Air Show. This
includes, but is not limited to, hiring of sponsorship/advertising companies and/or air show
consultants; provided however, the Commanding Officer of Naval Station Mayport shall have no
responsibility or involvement whatsoever with sponsorship matters.
4.1.2. Final Authority. The parties agree that decisions of the Chief, as to
accounting, expenditures, marketing, staging, logistics, placement, consultants, contractors,
vendors, scheduling, coordination and all other matters related to and/or contemplated herein,
shall be final, except for (a) any decision that may adversely impact the ability of
JACKSONVILLE BEACH to provide normal city services, including, but not limited to Police,
Fire and Rescue, as determined by the JACKSONVILLE BEACH City Manager; and (b)
activities occurring on Navy property or involving Navy equipment or personnel; only as to
activities on Navy Property or involving Navy personnel or equipment, shall the decisions of
CNRSE, as delegated above in Section 4.1.1, be final.
4.1.3. Meetings. The Committee shall meet to determine any other rules
and/or procedures that may be necessary in order to permit action on the Event as soon as
possible. Such determinations shall include decisions as to whether financial and policy
commitments and procedures should be made. Such decisions shall require a majority vote of all
Committee Members. The Committee must have a quorum of its members in order to meet and
take action. Such quorum shall consist of three (3) of the five (5) members. Such meetings shall
comply with the Florida Open Meetings Law, as codified in Section 286.011, Florida Statutes.
All meetings shall be preceded by a posted notice of at least twenty-four (24) hours. Written
minutes shall be kept of the meetings. The meetings shall be held at a government facility that is
accessible to the public.
4.2. Funding and Fund Carryovers. JACKSONVILLE and the Committee (excluding
the Commanding Officer of Naval Station Mayport, as provided above) shall conduct funding
and sponsorship campaigns to cover the costs of the Jacksonville Beach Oceanfront Air Show.
In addition to such funding and sponsorship campaigns, the parties (except for CNRSE) may
elect, but are not obligated to provide additional financial support for the Jacksonville Beach
Oceanfront Air Show. In the event that there is a surplus of funds available on final funding,
from the Jacksonville Beach Oceanfront Air Show, such surplus shall be held by
JACKSONVILLE, for available use in the next scheduled Jacksonville Beach Oceanfront Air
Show, unless such event will not take place the following term or JACKSONVILLE determines
AGENDA ITEM # SA
OCTOBER 12, 2009
specific other uses for such surplus funds.
5. TERM OF AGREEMENT. This Agreement shall have a two (2) year term from its
Effective date, as specified below. This Agreement may be renewed on a biennial basis by
written agreement by all parties.
6. EFFECTIVE DATE. This Agreement shall become effective on the date it is recorded
in the Official Records of Duval County, Florida, as required by Section 163.01(11), Florida
Statutes. Such recording shall be perfected by the Office of General Counsel for
JACKSONVILLE.
7. TERMINATION. Any party may withdraw from this Agreement, without cause, by
giving ninety (90) days advance written notice to the other parties, by certified mail return
receipt requested or by other delivery with written receipt. Such advance written notice shall be
sent to the party representative or successor as shown on the signature pages, to the addresses
stated thereon. If the remaining parties so desire, they may continue this Agreement, as to its
terms and conditions, by formal, mutual execution of a letter agreement memorializing the same.
8. MAXIMUM INDEBTEDNESS. This Section 8 is included in this Agreement
pursuant to Section 106.431, JACKSONVILLE Ordinance Code. JACKSONVILLE's
maximum indebtedness under this Agreement shall not exceed ONE HUNDRED THOUSAND
AND 00/100 DOLLARS ($100,000.00), which amount does not include any funding via
sponsorships that have been or will be secured by JACKSONVILLE. As provided in Section
3.1.4, JACKSONVILLE may provide and/or fund services in addition to the listed
JACKSONVILLE Services; provided however, such additional services may be provided only in
the event of a written amendment to this Agreement in that regard and only to the extent that
such additional funds are available and have been appropriated for the Event. To the extent this
Agreement is so amended in order to increase the JACKSONVILLE Services, said written
amendment must reflect a corresponding increase in the maximum indebtedness specified in this
Section 8, if applicable. The respective maximum indebtednesses of ATLANTIC BEACH,
JACKSONVILLE BEACH and NEPTUNE BEACH shall be their respective financial and
service commitments detailed in Sections 3.2.1 and 3.2.2, above.
9. SEVERABILITY. If any part of this Agreement is found, by a court of competent
Jurisdiction, to be unlawful or otherwise unenforceable, such part shall be deemed to be severed
from this Agreement and the remaining parts shall continue to have full force and effect.
10. SECTION HEADINGS. All section headings used in this Agreement have been inserted
for convenience only. Such section headings shall not be used in the interpretation or
construction of the text of this Agreement.
11. CONSTRUCTION. The parties acknowledge that they have had meaningful input
into the terms and conditions contained in this Agreement. Therefore any doubtful or
AGENDA ITEM # 8A
OCTOBER 12, 2009
ambiguous provisions contained herein shall not be construed against the party who
physically prepared this Agreement. The rule sometimes referred to as "Fortius Contra
Proferentum" shall not be applied to the interpretation of this Agreement.
12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties hereto for their responsibilities with respect to the Event. No
statement, representation, writing, understanding, agreement, course of action or course
of conduct, made by any party, or any representative of any party, which is not expressed
herein shall be binding. All changes to, additions to, modifications of, or amendment to
this Agreement, or any of the terms, provisions and conditions hereof, shall be binding
only when in writing and signed by the authorized officer, agent or representative of each
of the parties hereto.
13. COUNTERPARTS. This Agreement, and all amendments thereto, may be
executed in several counterparts, each of which shall be deemed an original, and all of
such counterparts together shall constitute one and the same instrument.
[Remainder of page is intentionally left blank. Signature page follows immediately.]
AGENDA ITEM # 8A
OCTOBER 12, 2009
IN WITNESS WHEREOF, the City of Jacksonville, by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATTEST:
By:
Neill W. McArthur, Jr.
Corporation Secretary
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
CITY OF JACKSONVILLE
By:
Theresa O'D. Price, Chief of Special Events,
pursuant to Section 111.105, Ordinance Code.
The foregoing instrument was acknowledged before me this day of ,
2009, by Theresa O'D. Price and Neill W. McArthur, Jr., the Chief of Special Services and
Corporation Secretary respectively, of the City of Jacksonville, a municipal corporation in Duval
County, Florida.
Such persons: (notary must check applicable box)
9
9
are personally known to me; or
produced a current
produced
as identification
(Sign)
NOTARY PUBLIC
My Commission expires:
(NOTARIAL SEAL)
(Print)
In compliance with the Ordinance Code of the City of Jacksonville, I do hereby certify that there is an unexpended,
unencumbered and un impounded balance in the appropriation to cover the foregoing Agreement and that provision
has been made for the payment of the monies provided therein to be paid.
Director of Administration and Finance
City Contract Number:
Form Approved:
driver's license as identification; or
Office of General Counsel
AGENDA ITEM # 8A
OCTOBER 12, 2009
IN WITNESS WHEREOF, the City of Atlantic Beach, by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATTEST:
By:
Donna L. Bartle, City Clerk
800 Seminole Road
Atlantic Beach, FL 32233
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
CITY OF ATLANTIC BEACH
By:
Jim Hanson, City Manager
800 Seminole Road
Atlantic Beach, FL 32233
The foregoing instrument was acknowledged before me this day of ,
2009, by Donna L. Bartle and Jim Hanson, the City Manager and City Clerk respectively, of the
City of Atlantic Beach, a municipal corporation in Duval County, Florida.
Such persons: (notary must check applicable box)
9
9
9
are personally known to me; or
produced a current
produced
as identification
NOTARY PUBLIC
driver's license as identification; or
(Sign)
(Print)
My Commission expires:
(NOTARIAL SEAL)
AGENDA ITEM # 8A
OCTOBER 12, 2009
IN WITNESS WHEREOF, the City of Jacksonville Beach, by and through its
respective authorized representatives has caused this Agreement to be executed on the day and
year first above written.
ATTEST:
By:
Heidi Reagan, City Clerk
11 North 3`d Street
Jacksonville Beach, FL 32250
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
George D, Forbes, City Manager
11 North 3`d Street
Jacksonville Beach, Florida 32250
The foregoing instrument was acknowledged before me this day of ,
2009, by Fland Sharp and George D. Forbes and Heidi Reagan, the Mayor, the City Manager and
the City Clerk respectively, of the City of Jacksonville Beach, a municipal corporation in Duval
County, Florida.
Such persons: (notary must check applicable box)
9 are personally known to me; or
9 produced a current driver's license as identification; or
9 produced as identification
CITY OF JACKSONVILLE BEACH
By:
Fland Sharp, Mayor
11 North 3`d Street
Jacksonville Beach, FL 32250
By:
(Sign)
(Print)
NOTARY PUBLIC
My Commission expires:
(NOTARIAL SEAL)
AGENDA ITEM # 8A
OCTOBER 12, 2009
IN WITNESS WHEREOF, the City of Neptune Beach, by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATTEST:
By:
Lisa Volpe, City Clerk
116 1St Street
Neptune Beach, FL 32266
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
CITY OF NEPTUNE BEACH
By:
Jim Jarboe, City Manager
116 1St Street
Neptune Beach, FL 32266
The foregoing instrument was acknowledged before me this day of
2009, by Jim Jarboe and Lisa Volpe, The City Manager and the City Clerk respectively, of the
City of Neptune Beach, a municipal corporation in Duval County, Florida.
Such persons: (notary must check applicable box)
9 are personally known to me; or
9 produced a current
9 produced
NOTARY PUBLIC
My Commission expires:
(NOTARIAL SEAL)
driver's license as identification; or
as identification
(Sign)
_ (Print)
AGENDA ITEM # 8A
OCTOBER 12, 2009
IN WITNESS WHEREOF, the Commander. Naval Region Southeast, United States
Navy, by and through its respective authorized representatives has caused this Agreement to be
executed on the day and year first above written.
ATTEST:
By:
Signature
Type/Print Name:
Title:
Aaron Bowman, Captain, United States Navy
By Direction
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this
2009, by Aaron Bowman, and
respectively, of the United States Navy.
Such persons: (notary must check applicable box)
9
9
9
Captain and
driver's license as identification; or
as identification
NOTARY PUBLIC
My Commission expires:
(NOTARIAL SEAL)
are personally known to me; or
produced a current
produced
NAVY
By:
day of
sign)
(Print)
G:\Gov't Operations\NEILLM\CONTRACT\!Inter Local Agreement for 2009 Sea & Sky Spectacular CLEAN FINAL.doc