Fourth Revised Interlocal Agreement for Conduct of the Jacksonville Sea and Sky Spectacular v 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 OAS day of 0040 be.r, 2009, by
and among the below listed parties; and supersedes 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 COMMANDING OFFICER OF NAVAL STATION MAYPORT,FLORIDA,
UNITED STATES NAVY (hereinafter referred to as "NS MAYPORT").
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 a
biennial regional attraction 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
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 NS MAYPORT.
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
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. Municipal 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 NS
MAYPORT; 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. NS MAYPORT:
3.3.1. Military Responsibility for Jacksonville Beach Oceanfront Air Show.
The Commanding Officer of Naval Station Mayport is charged with support of the Jacksonville
Beach Oceanfront Air Show by staging of military and civilian 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
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 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 respective City
Managers of each 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 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 NS MAYPORT) 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 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
ambiguous provisions contained herein shall not be construed against the party who
physically prepared this Agreement. The rule sometimes referred to as "Fortius Contra
Proferenturn" 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.]
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: CITY 1, JACKSON I LE (Arz______
r r
ernes -. M a n,Jf Theres• O'D. Pri - Chie of Special Events,
orporation Secretary pursue t to Sec o• 1 .105, Ordinance Code.
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this /co day ofajeh • ,
2009, by Theresa O'D. Price and .lames R. McCain,Jrthe 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 are personally known to me; or
9 produced a current driver's license as identification;or
9 produced , as is n '/'.tion
A . I.,. _�vAL ign)
•v )
C i * 'tary Public State of F,. 'r i nt
NOTARY PU LI- usan Chapman
MY Commission DD581385
My Co lis i.i$ne1 :;,, AI .
(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 ap• ..•• '.n to cover the foregoing Agreement and that provision
has been made for the payment of the monies pro1ed erein o be pais
Vii, LM
ctor o Administration and Finance
City Contract Number:MO —41
Form Approved:
Oof
ice of General Coun
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: �' CITY OF ATLANTIC BEACH
By: oaVit'14 17.1, </, Q _ By:
Donna L. Bartle, City Clerk Jim son, City Manager
800 Seminole Road 800 eminole Road
Atlantic Beach, FL 32233 Atlantic Beach, FL 32233
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this /3th- day of OC fo bei2. ,
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 are personally known to me; or
9 produced a current driver's license as identification;or
9 produced as identification
w � / , "- (Sign)
yroNNe Ca-kcr/, (Print)
NOTARY PUBLIC
My Commission expires:, fly o2R 2C'l�
Q.
(NO ,1 > S'='YV(3Nl�E M.CALVERLEY
'•, .';. MY COMMISSION#DD 774100
6•1 EXPIRES:July 29,2012
RL hIt BondedNotary Pubicunde,wy$Iers
A ..
IN WITNESS WHEREOF, the City of Jacksonville Beach, by and through its
respective authorized representatives has caused this Agreement to be executed on the day and
year first above written.
ATTEST: CITY I • C : . ' i,I E : 'ACH
By:
idi Reagan, City CTerk Fl. ( Sharp, l or
11 North 3rd Street 11 North 3rd Street
Jacksonville Beach, FL 32250 Jacksonville Beach, FL32250_
/,
By: 1/1 t .�
George , Forbes, City Manager
11 North 3rd Street
Jacksonville Beach, Florida 32250
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this 21 day of-y ' ' ' ,
.
2009, by Fland Sharp and George D. Forbes and Heidi Reagan, the Mayor, the City Manager and
the City Clerk respectively, of the City of Jacksonville Beach, a municipal corporation in Duval
County, Florida.
Such persons: (notary must check applicable box)
( are personally known to me; or
9 produced a current driver's license as identification;or
9 produced as identification
/t,71/44, "112). A (Sign)
(Print)
NOTARY PUBLIC
My Commission expires: .07-24-20//
(NOTARIAL SEAL)
MARY J.8TEPHEN$
Comm#DD0665034
es473 Expires 5/25/2011
%d, ,fist Florida Notary Assn..Inc
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.
ATTES : CI NE Ai NEI I EACH
l
By: �r/�,V 1 By:
Lisa Volpe, City 1 lerk Ji boe, III Manager
116 1 s`Street 116 1 sc Street
Neptune Beach, FL 32266 Neptune Beach, FL 32266
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this l Y day ofaiebge
,
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 V
persons: (notary must check applicable box)
are personally known to me; or
9 produced a current driver's license as identification;or
9 produced asf•%tification
%"5.' (Si n)
1 g
c •' (Print)
NOTARY PUBLI
My Commission expires:
(NOTARIAL SEAL)
ow pke, !otary Public State of Florida
Susan Chapman
I My Commission DD581385
of r\P Expires 08/03/2010
IN WITNESS WHEREOF, the Commanding Officer, Naval Station Mayport, Florida,
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: NAVAL STAT ! • ` ' 1 ' T,FLORIDA
By: -
Michael Russo Aaron B•wman
Commander, United States Navy Captai , United S ates Navy
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this / '"' day of ac.-z c3
2009, by Aaron Bowman, and Michael Russo, Captain and Commander respectively, of the
United States Navy.
Such persons: (notary must check applicable box)
are personally known to me;
9 produced a current driver's license as identification; or
9 produced as identification
ROBERT E. MEURY JR. / (Sign)
Notary Public, State of Florida 'E+°eer' E- ' v ,rte (Print)
My comm. exp. May 3, 2012 NOTARY PUBLIC
Comm. No. D0 769239 My Commission expires: /rar,,v 3, aoi�
(NOTARIAL SEAL)
G:\Gov't Operations\NEILLM\CONTRACT\!Inter Local Agreement for 2009 Sea&Sky Spectacular CLEAN FINAL.doc