Item 4B - Sea & SkyCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGJ<;NOA ITEM #40
MAit C H 14, 2016
AGENDA ITE M: Rev ised lnterlocal Agreement among th e C ity of Jackson v ill e, Atlantic
Beach, J acksonville Beach , Neptune Beach and U.S. Naval Stati o n,
Mayport for C onduct of th e Sea and Sky Spectacular
SUBMITTED BY: N elson VanLiere, C ity M an ager c:@
DATE: February J 7, 2016
STRATEGJC PLAN L.INK: None
BACKGROUND: This agreem ent defines the covenants and r es po nsibilities governing
the Sea and S ky Spectacular to b e held November 4-6, 2016. It is an
extended celebration of city events, United States Atmed Forces
acti vi ties and famil y e nte tta inment progra m s to be h eld periodically in
the Jacksonville Area. The primary goal is to foster positi ve
community relations and to support military recruiting efforts.
The City of Atlantic Beach will be responsible within its City limits to
provide support services including police, c r owd and traffic contro l,
parking a nd refuse collection.
This agreem e nt was last e nte red into on October IS of 2015 with the
same conditions.
BUDGET: None
RECOMMENDATION: Approve the lnterlocal Agreement among the C ity of Jacksonv ille,
C ity of Atlantjc Beach, C ity of Jacksonville Beach, C ity of Neptune
Beach and the Comm ande r, U.S . Naval Station Maypo r t, U.S. Navy
for Conduct of the Sea and Sky Spect acu lar and authorize the C ity
M a nager to sign th e agreement.
ATTACHMENT: Intcrlocal Agreement among the C ity of J acksonville, F lorid a; the City
of Atlantic Beach , Florida; the Ci ty of J acksonville Beach, Florid a; t he
C ity of Neptune Beach , Florida: and t he Comma nder, U .S. Naval
Station M ayport, U .S. N avy Fo r Conduc t of th e Sea a nd Sky
Spectacu lar.
Prepared by and Return to:
John C. Sawyer, Jr., Esquire
Office of General Counsel
117 West Duval Street, Suite 480
Jacksonville, Florida 32202
AGENDA ITEM# 4B
MARCH 14, 2016
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, U.S. NAVAL STATION MAYPORT, U. S. NAVY FOR CONDUCT OF
THE SEA AND SKY SPECTACULAR.
THIS INTERLOCAL AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into as of the day of , 2016 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, as revised for the first time on October 9, 2003, as
revised for the second time on August 4, 2005, as revised for the third time on November 2,
2007, as revised for the fourth time on October 28, 2009, and as revised for the fifth time
October 15, 2015 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 refened 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, U.S. NAVAL STATION MAYPORT, UNITED STATES
NAVY (hereinafter referred to as "CNSM").
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AGREEMENT SECTION
1. SUMMARY ................................................................................................... .
2. PURPOSE ...................................................................................................... .
3. RESPONSIBILITIES ..................................................................................... .
4. SEA & SKY SPECTACULAR AIR SHOW COMMITTEE ........................ .
5. TERM OF AGREEMENT .............................................................................. .
6. EFFECTIVE DATE ........................................................................................ .
7. TERMINATION ............................................................................................. .
8. MAXIMUM INDEBTEDNESS ..................................................................... .
9. SEVERABILITY ........................................................................................... .
10. SECTION HEADINGS ................................................................................. .
11. CONSTRUCTION ........................................................................................ .
12. ENTIRE AGREEMENT ............................................................................... .
13. COUNTERPARTS ......................................................................................... .
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AGENDA ITEM# 4B
MARCH 14, 20i6
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 defmes the covenants and responsibilities goveming the
Sea and Sky Spectacular, to be held on November 4-6, 2016 (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 altemating 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 govemments and Naval commands to
conduct a 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
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capabilities.
AGENDA ITEMS# 4B
MARCH 14, 2016
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 Office of Special
Events (hereinafter refened to as the "OSE") represents JACKSONVILLE's interests and shall
provide special events production expertise and coordination for the Events held at the
Jacksonville Beach Oceanfront. The OSE will share in the responsibility of arranging and
conducting the Sea and Sky Spectacular with ATLANTIC BEACH, JACKSONVILLE BEACH,
NEPTUNE BEACH and CNSM.
3.1.2. Custodian for Sponsorship Funds. The OSE will serve as custodian of
sponsorship money and will write accounts payable checks using the sponsorship money raised
to support the Sea and Sky Spectacular. ·
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 refened 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 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 or other funds
to JACKSONVILLE for the 2016 Sea and Sky Spectacular.
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 Sea and Sky
Spectacular, including, without limitation, police services, crowd and traffic control, parking and
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AGENDA ITEM# 4B
MARCH 14, 2016
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 Sea and Sky Spectacular require supplementing
such services, as .determined by JACKSONVILLE, in its sole and exclusive discretion.
3.2.3. Sea and Sky Spectacular Facility. JACKSONVILLE BEACH shall
provide property for the Sea and Sky Spectacular. 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 Sea and Sky Spectacular. ATLANTIC BEACH,
JACKSONVILLE BEACH and NEPTUNE BEACH City Managers or their designated
representatives shall share responsibility for arranging and conducting the Sea and Sky
Spectacular with JACKSONVILLE's OSE and CNSM; provided however, said OSE shall have
the fmal 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/CNSM:
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 Sea and Sky Spectacular by
staging of static display and performing aircraft, and by cooperating with JACKSONVILLE to
arrange and conduct the militaty demonstration at the Sea and Sky Spectacular.
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.
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AGENDA ITEM# 4B
MARCH 14, 2016
4. JACKSONVILLE SEA AND SKY SPECTACULAR OCEANFRONT Affi SHOW
COMMITTEE.
4.1. There shall be created a Sea and Sky Spectacular Committee (hereinafter refened
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 ofNaval Station Mayport each shall
have membership on the Committee. This Committee shall advise JACKSONVILLE on the
production of the Sea and Sky Spectacular. 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 Maypmi shall have no responsibility or involvement
whatsoever with sponsorship matters.
4.1.2. Final Authority. The parties agree that decisions of the OSE, 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 fmal, except for: (a) any decision that may adversely impact the ability of ATLANTIC
BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH to provide normal city services,
including, but not limited to Police, Fire and Rescue, as determined by the City Managers of
those cities; and (b) activities occuning 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 ofCNSM, 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 Sea and Sky Spectacular. In addition to
such funding and sponsorship campaigns, the parties (except for CNSM) may elect, but are not
obligated to provide additional financial support for the Sea and Sky Spectacular. In the event
that there is a surplus of funds available on final funding, from the Sea and Sky Spectacular, such
surplus shall be held by JACKSONVILLE, for available use in the next scheduled Sea and Sky
Spectacular, unless such event will not take place the following term or JACKSONVILLE
determines specific other uses for such surplus funds.
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AGENDA ITEM# 4B
MARCH 14, 2016
5. TERM OF AGREEMENT. This Agreement shall have a one (1) year term,
commencing on the Effective Date (defined below) unless earlier terminated as provided for
herein, unless subsequently amended. This Agreement may be renewed by written agreement by
all pmties.
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 ZERO DOLLARS ($0.00). 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. This Agreement is contingent upon lawfully appropriated funds for the Event.
9. SEVERABILITY. If any part of this Agreement is found by a comt 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 ofthe 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 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
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AGENDA ITEM# 4B
MARCH 14, 2016
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.]
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AGENDA ITEM# 4B
MARCH 14, 2016
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: _________ _
Name: ---------------------Title: Corporation Secretary
STATE OF FLORlDA)
)ss.
COUNTY OF DUVAL)
CITY OF JACKSONVILLE
By: ____________________________________ _
Lenny Curry
Mayor
The foregoing instrument was acknowledged before me this day of --------
2016, by , as , and James R. McCain, Jr.,
Corporation Secretary respectively, of the City of Jacksonville, a municipal corporation in Duval
County, Florida.
Such persons: (notmy must check applicable box)
+ are personally known to me; or
+ produced a current ____________ driver's license as identification; or
$ produced as identification
_____________ (Sign)
____________ (Print)
NOTARY PUBLIC
My Commission expires: _________ _
(NOTARlAL SEAL)
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 Finance
City Contract Number: ____ _
Form Approved:
Office of General Counsel
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AGENDA ITEM# 4B
MARCH 14, 2016
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:. ____________ _
Nelson VanLiere, City Manager
800 Seminole Road
Atlantic Beach, FL 32233
The foregoing instrument was acknowledged before me this day of _________ _
2016, by Donna L. Bartle, and Nelson VanLiere, the City Clerk and City Manager respectively,
of the City of Atlantic Beach, a municipal corporation in Duval County, Florida.
Such persons: (notary must check applicable box)
$ are personally known to me; or
+ produced a current ____________ driver's license as identification; or
+ produced as identification
__________ (Sign)
-------~----(Print)
NOTARY PUBLIC
My Commission expires: _____ _
(NOTARIAL SEAL)
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AGENDA ITEMS# 4B
MARCH 14, 2016
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: _________ _
Nancy J. Pyatte, City Clerk
11 Nmth 3rd Street
Jacksonville Beach, FL 32250
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
CITY OF JACKSONVILLE BEACH
By: ____________ _
Charlie Latham, Mayor
11 Nmth 3rd Street
Jacksonville Beach, FL 32250
By: ____________ _
George D, Forbes, City Manager
11 North 3rd Street
JacksonvilleBeach, Florida 32250
The foregoing instrument was acknowledged before me this day of _____ _
2016, by Charlie Latham, George D. Forbes and Nancy J. Pyatte, 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)
~ are personally known to me; or
~ produced a current _______ driver's license as identification; or
~ produced as identification
__________ (Sign)
____________ (Print)
NOTARY PUBLIC
My Commission expires: _____ _
(NOTARIAL SEAL)
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AGENDA ITEM# 4B
MARCH 14, 2016
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: ----------------------Karla Strait, City Clerk
116 1st Street
Neptune Beach, FL 32266
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
CITY OF NEPTUNE BEACH
By: ----------------------------Andy Hyatt, City Manager
116 1st Street
Neptune Beach, FL 32266
The foregoing instrument was acknowledged before me this day of _____ _
2016, by Andy Hyatt and Karla Strait, The City Manager and the City Clerk respectively, of the
City ofNeptune Beach, a municipal corporation in Duval County, Florida.
Such persons: (notary must check applicable box)
+ are personally lmown to me; or
+ produced a current _____________ driver's license as identification; or
+ produced as identification
___________ (Sign)
____________ (Print)
NOTARY PUBLIC
My Commission expires:
------~-
(NOTARIAL SEAL)
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AGENDA ITEM# 4B
MARCH 14, 2016
IN WITNESS WHEREOF, the Commander US Naval Station Mayport, 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: NAVY
By: __________ _ By: _______________ _
Signature
Type/Print Name: _______ _
Wesley R. McCall, Captain, United States Naval
Station Mayport
Title: -------------------------
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this ___ day of ______ _
2016, by Wesley R. McCall, and as Captain and
_________ respectively, of the United States Navy.
Such persons: (notary must check applicable box)
$ are personally known to me; or
$ produced a current _____________ driver's license as identification; or
$ produced as identification
___________ (Sign)
____________ (Print)
NOTARY PUBLIC
My Commission expires: _______ _
(NOTARIAL SEAL)
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