Second Revised Interlocal Agreement for Conduct of the Jacksonville Sea and Sky Spectacular 08-04-05 v Prepared by and Return to:
Neill W.McArthur,Jr.
Office of General Counsel
117 West Duval Street,Suite 480
Jacksonville,Florida 32202
SECOND 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 SECOND REVISED INTERLOCAL AGREEME T(hereinaft r referred to as the
"Agreement") is made and entered into as of this 4igh day of , 2005, by and
among the below listed parties;and supercedes the original Interlocal Agr ement,by and among the
parties,made and entered into March 12,2001 and revised for the first time on October 9,2003;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(hereinafter referred to as"JACKSONVILLE");
and
THE CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation, with in 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, with in the
General Services District(hereinafter referred to as"NEPTUNE BEACH"); and
THE COMMANDER, NAVAL REGION SOUTHEAST, UNITED STATES NAVY
(hereinafter referred to as "CNRSE").
The remainder of this page is left blank intentionally.
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 (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, 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 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.
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3. RESPONSIBILITIES. The parties shall have the following responsibilities,which maybe
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 Director of Special Events
(hereinafter referred to as the"Director")represents JACKSONVILLE's interests and shall provide
special events production expertise and coordination for the Events held at the Jacksonville Beach
Oceanfront. The Director 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 Director 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 and JACKSONVILLE
BEACH have identified or obtained, and shall each contribute TEN THOUSAND AND 00/100
DOLLARS ($10,000.00) and NEPTUNE BEACH shall contribute THREE THOUSAND FIVE
HUNDRED AND 00/100 DOLLARS($3,500.00)as their respective sponsorship funds,from their
respective municipal governments,for a total of TWENTY-THREE THOUSAND FIVE HUNDRED
AND 00/100 DOLLARS($23,500.00)for the 2005 Jacksonville Beach Oceanfront Air Show,which
shall be a part of the 2005 Event.
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 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 availabel 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.
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4. JACKSONVILLE SEA AND SKY SPECTACULAR OCEANFRONT AIR SHOW
COMMITTEE.
4.1. There shall be created a Jacksonville Beach Sea and Sky Spectacular Oceanfron 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 Director, 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.
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 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
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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
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,
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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.
The remainder of this page is intentionally left blank.
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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.
ATTES : CITY 'F J' CKSON,/ LE Daniel A. Kleman
Chief Administrative Officer
6 it
or Mayor John Peyton
By: By: e.d` - •der .u ority of
N • . cArthur, Jr. Jo n Peyton, Mayor Executive Order No. 04-10
Corporation Secretary
4'3AC ics O,
/O
STATE OF FLORIDA ) i ' 4
1,U
•'.
COUNTY OF DUVAL ' F •
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�,�• R1D.•
Th- • 'ng in trument was acknowledged before me this 4+ day of ��►,►p _ ,2005,
by .ohn Peyton and Neill W. McArthur, Jr., the Mayor and Corporation Secreta 1 espectively, of
the City of Jacksonville, 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
o produced as ide ific ion
' i
Sharon E. Chappell411, ._ L 4• ,,L, //. Sign)
1...,,,,!..0'14;,,,,,• (Print)
',,;ommission#0031131
�• •l• ..,,F, • Expires July 25,2008 OTARY PUBLIC
'4t,•�os aonded Troy fain•Mime,l'C 000.3154°41 y 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.
'4,, ,,I irector of Ad istration and Finance
City Contract Number: S 86 6
F7Approved:
24. IA
O ce of General Counsel -
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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: CIT , ►� LANTIC BEACH
�i ,By: � B � ��1 ,
Y
Donna Bussey, City Clerk Jo 11:
,!s;rve, Mayor
800 Seminole Road 800 i inol- 'oad
Atlantic Beach, FL 32233 Atlanti Beach, FL 32233
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this c?6 day of Tune._- ,2005,
by John S. Meserve and Donna Bussey,therespectively,of the City of Atlantic Beach, a municipal
corporation in Duval County, Florida.
Such persons: (notary must check applicable box)
E7 are personally known to me; or
❑ produced a current driver's license as identification; or
❑ produced as identification
�72'zie (Sign)
yvouv e. L'a/ve. (Print)
OTARY PUBLIC
My Commission expires: :Pi on a00?
(NOTARIAL SEAL)
,.1111 14 YVONNE M.CkVERLEY
2 MY COMMISSION#DD 342192
sA,•..,„;14EXPIRES:Jufy 29,2008
4,gf fl,. Bonded Thru Notary Public UndenvMlerc
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 JACKSONVILL ACH
..." .:.2::
B i,. By:
Heidi Reagan, City Clerk Fland Sharp, M or
11 North 3`d Street 11 North 3`d Street
Jacksonville Beach,FL 32250 Jacksonville Beach, FLFL�322501I
By: Lfj9i4ic°• 4ii,,
George 16,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 oVst day of JK it/C ,2005,
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
❑ produced a current driver's license as identification; or
❑ produced as identificatio
i / (Sign)
,✓c r 1/9t.,&)--
FTTE (Print)
NOT' 'Y PUB
- My Commission expires:cLy 72cei7
ry NANCY J.PYATTE (NOTARIAL SEAL)
:*: . :r_ MY COMMISSION#DD 229808
., :' EXPIRES:July 7,2007
AP,f;h`'7 Bonded Thru Notary Public Unde wrners
—10—
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 e NEPTUNE BEACH
" . / /
By: PAD(A111 -- _Lisa Volpe, Cityerk ' 'chard Brown, Mayor
116 l' Street 116 1 s` Street
Neptune Beach,FL 32266 Neptune Beach,FL 32266
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this 970 day of ,2005,
by Richard Brown and Lisa Volpe, The Mayor and the City Clerk res ctively, of the City of
iott_
Neptune Beach, a municipal corporation in Duval County,Florida.
Such persons: (notary must check applicable box)
Iare personally known to me; or
o produced a current driver's license as identification; or
❑ produced as identification
(Sign)
RL/1*elf7 (Print)
NOTARY PUBLIC
My Commission expires: 5 9-Pe
(NOTARIAL SEAL)
Ir ,:';.'4',",T4,„` KARtA STRAIT I
i° -.1 :Notary Public-State of Florida `
• • AyCarnmUi n6 May9,200lf
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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: NAVY /
By: �.Q, By:
c4.„—�-�l -
Signature e Charles P. Kin Captain, U ' d States Navy
g, P
Type/Print Name: D, By Direction
Title: CAL, l limos
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this 13 day of TU ,2005,
by Charles P. King and 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
__, , (Siler)
(Print)
NOTARY PUBLIC
My Commission expires: 3 0
(NOTARIAL SEAL)
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