DO NOT USE- Interlocal Agreement for 2016 Sea & Sky Spectacular.pdfPrepared by and Return to:
John C. Sawyer, Jr., Esquire
Office of General Counsel
117 West Duval Street, Suite 480
Jacksonville, Florida 32202
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; THE
COMMANDER, U.S. NAVAL STATION MAYPORT, U. S. NAVY AND COMMANDER,
NAVAL AIR STATION JACKSONVILLE, 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 3 day of ,(„4,647 , 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 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, U.S. NAVAL STATION MAYPORT, UNITED STATES
NAVY (hereinafter referred to as "CNSM"); and
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THE COMMANDER, U.S. NAVAL AIR STATION JACKSONVILLE, UNITED
STATES NAVY (hereinafter referred to as "NAS JAX").
AGREEMENT SECTION PAGE
1. SUMMARY. 2
2. PURPOSE. 2
3. RESPONSIBILITIES. 3
4. SEA & SKY SPECTACULAR AIR SHOW COMMITTEE. 5
5. TERM OF AGREEMENT. 6
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
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 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
terns, mutual cooperation and commitment among city governments and Naval commands to
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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
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 Office of Special
Events (hereinafter referred 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, CNSM and NAS JAX.
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 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 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
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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
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, CNSM and NSA JAX; provided however, said OSE
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/CNSM/NAS JAX:
3.3.1. Air Show Responsibility. CNSM and NAS JAX shall have primary
responsibility for the NAS Air Show, and are charged to conduct the on -base air show at NAS,
the Commanding Officer of Naval Station Mayport is charged 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 military 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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4. JACKSONVILLE SEA AND SKY SPECTACULAR OCEANFRONT AIR SHOW
COMMITTEE.
4.1. There shall be created a Sea and Sky Spectacular 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 the Commanding Officer of Naval Station Mayport, and NAS
JAX 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 Mayport and NAS JAX 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 final, 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 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 CNSM or NAS JAX, as applicable, 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 deteitilinations 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 four (4) of the six (6) 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 and NAS JAX) 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
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or JACKSONVILLE deteitnines specific other uses for such surplus funds.
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 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 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 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 telius 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 "Forties Contra Proferentuin" 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
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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.]
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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
CITY OF JACKSONVILLE
By:
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged
2016, by , as
Corporation Secretary respectively, of the City
County, Florida.
Such persons: (notary must check applicable box)
9 are personally known to me; or
9 produced a current
9 produced as identification
Lenny Curry
Mayor
before me this day of
, and James R. McCain, Jr.,
of Jacksonville, a municipal corporation in Duval
driver's license as identification; or
NOTARY PUBLIC
My Commission expires:
(NOTARIAL 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.
(Sign)
(Print)
Form Approved:
Office of General Counsel
Director of Finance
City Contract Number:
8
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. Il 01/41
onna L. Bartle, City Clerk
800 Seminole Road
Atlantic Beach, FL 32233
CITY OF ATLANTIC BEACH
By:
Nelson Van Liere, City Manager
800 Seminole Road
Atlantic Beach, FL 32233
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this ,/,:t day of Oat lj e x-
2016, by Donna L. Bartle, and Nelson Van Liere, 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)
9
9
9 produced
produced a current
o me; or
driver's license as identification; or
as identification
(Sign)
(Print)
AVIA) Pr) Calve
ARY PUBLIC
My Commission expires: `�� � ° o
(NOTARIAL SEAL)
9
YVONNE CALVERLEY
=,r,' ; MY COMMISSION # FF 978537
EXPIRES: July 29, 2020
QRS,: '- Bonded Nu Notary Public Urderwdfen
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: CITY OF JACKSONVILLE BEACH
By:
Laurie Scott, City Clerk
11 North 3rd Street
Jacksonville Beach, FL 32250
By:
Charlie Latham, Mayor
11 North 3rd Street
Jacksonville Beach, FL 32250
By:
George D, Forbes, City Manager
11 North 3rd Street
Jacksonville Beach, Florida 32250
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
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)
9 are personally known to me; or
9 produced a current
9 produced as identification
driver's license as identification; or
NOTARY PUBLIC
My Commission expires:
(NOTARIAL SEAL)
10
(Sign)
(Print)
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: CITY OF NEPTUNE BEACH
By: By:
Karla Strait, City Clerk Harriet Pruette, Mayor
116 1St Street 116 1st Street
Neptune Beach, FL 32266 Neptune Beach, FL 32266
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this day of
2016, by Harriet Pruette and Karla Strait, the Mayor 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 driver's license as identification; or
9 produced as identification
(Sign)
(Print)
NOTARY PUBLIC
My Commission expires:
(NOTARIAL SEAL)
11
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 David Yoder, Captain, United States Naval
Type/Print Name: Station Mayport
Title:
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this day of
2016, by David Yoder, and , as Captain and
respectively, of the United States Navy.
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
NOTARY PUBLIC
My Commission expires:
(NOTARIAL SEAL)
12
(Sign)
(Print)
IN WITNESS WHEREOF, the Commander Naval Air Station Jacksonville, 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 Sean Haley, Commanding Officer
Type/Print Name: Naval Air Station Jacksonville
Title:
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this day of
2016, by and , as Captain and
respectively, of the United States Navy.
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
(Sign)
(Print)
NOTARY PUBLIC
My Commission expires:
(NOTARIAL SEAL)
G:\Gov't Operations \JSawyer\Special Events (1550)\_Sea and Sky (1600014)\_2016\Interlocal Agreement\16 Sea SkySpectacular Interlocal
Agreement 7.14.16.doc
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