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Revised Interlocal Agreement for Conduct of the Jacksonville Sea and Sky Spectacular 10-09-03 v Office of Special Events 117 West Duval Street, Suite 310-B , Jacksonville, Florida 32202 904.630.3690 fax 904.630.3693 MEMOc � 1,5 To: Mayor John Meserve, City of Atlantic Beach LL L'�„ Donna Bussey,City Clerk Mayor Fland Sharp,City of Jacksonville Beach Heidi Reagan, City Clerk George Forbes, City Manager Mayor Richard Brown. City of Neptune Beach Lisa Volpe,City Clerk Theresa O'Donnell, City of Jacksonville Special Events From: Sarah Horn,Event Coordinator (91/4" Date: 3/2/05 Re: Sea and Sky Spectacular 2005 Interlocal Agreement Enclosed find a copy of the 2003 signed Interlocal Agreement. Please review the document and make any changes you feel are necessary. Once complete please call me and I will pick up the agreements. The City of Jacksonville will then review and revise the Interlocal Agreement and resend to you for signatures. The 2005 Interlocal Agreement will need to be revised and signed by August of this year. We will need your revisions returned no later than Monday,March 21,2005 so your timeliness is appreciated. If you have any questions please contact Theresa O'Donnell Price or Sarah Horn at 630-3690. Again thanks for working with us. We are looking forward to Jacksonville Sea and Sky Spectacular 2005. c 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 REVISED INTERLOCAL AGREEMENT ( "Agreement" ) is made and entered into as of this 1 day of WOW 2003 ; supercedes the or=czinal Interlocal Agreement amongthe parties dated March 12 , 2001; and shall be effective upon filing with the Clerk as herein provided, among : 'HE CITY OF JACKSONVILLE, FLORIDA a municipal/county government ( "JACKSONVILLE" ) , consolidated THE CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation in The General Services District of Jacksonville ( "ATLANTIC BEACH" ) , THE GI_ : OF JACKSONVILLE BEACH, FLORIDA, a municipal corporation in the General Services District of Jacksonville ( "JACKSONVILLE PEACH— , CH„ , THE CITY OF NEPTUNE BEACH, FLORIDA, a municipal corporation in the General Services District of Jacksonville ( "NEPTUNE BEACH" ) , and The CO�HANDER, NAVAL REGION SOUTHEAST, U.S . NAVY (CNRSE) . 1 . . -IMMAR,' -2- 2 . PURPOSE . -2- 3 . RESPONSIEILITIES . -3- 4 . JACKSONVILLE BEACH SEA & SKY SPECTACULAR OCEANFRONT AIRSHOW COMMITTEE. -6- 5 . TERM OF AGREEMENT. -8- 6 . EFFECTIVE DATE. -8- 7 . TERMINATION. -8- 8 . REPRESENTATIONS AND MODIFICATIONS . -9- 9 . MAXIMUM INDEBTEDNESS. -9- 10 . ENTIRE AGREEMENT -9- ATTEST -10- -1- 4 IN CONSIDERATION of the mutual covenants contained in this agreement 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 interlocal agreement defines ,the covenants and responsibilities governing the Jacksonville Sea and Sky Spectacular (hereinafter sometimes called the "Event" as the context allows) . It is an extended celebration of city events, U.S. Armed Service activities, and family entertainment programs to be held in the Jacksonville area periodically. The primary goals of the Event are to foster positive community relations and to support military recruiting efforts . The Jacksonville Sea and Sky Spectacular is intended to be an annual regional attraction with air show sites alternating between NAS Jacksonville and the Jacksonville Beach Oceanfront (this interlocal agreement shall pertain exclusively to Events held at the Jacksonville Beach Oceanfront) . 2. PURPOSE. This interlocal agreement formally creates a relationship among the parties for the following purposes : A. 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. B. To foster positive community relations by: -2- 1 . Creating an opportunity for long term, mutual cooperation and commitment between city governments and area Naval commands to conduct an annual event of regional attraction at an opportune time of year for the cities and • their business communities . 2 . 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. A. JACKSONVILLE: 1 . Special Events Production and Coordination. The Director of Special Events represents Jacksonville' s interests and shall provide special events production expertise and coordination for the Events held at the Jacksonville Beach Oceanfront . The Director of Special Events will share in the responsibility for arranging and conducting the Jacksonville Beach Oceanfront Airshow with Atlantic Beach, Jacksonville Beach, Neptune Beach and CNRSE. 2 . Custodian for Sponsorship Funds. The Director of Special Events will serve as custodian for sponsorship money and write accounts payable checks using the sponsorship money raised to support the Jacksonville Beach Oceanfront Air Show. -3 - 3 . Event Promotion. The City of Jacksonville shall have the overall responsibility for promoting the Jacksonville Sea and Sky Spectacular Event as a regional attraction. 4 . Monetary Contribution. Subject o the maximum indebtedness of Paragraph 9, herein, the City of Jacksonville will provide and fund various services necessary to produce the Sea and Sky Spectacular, which services shall include, Police, private security, Fire and Rescue support services, advertising & marketing, JTA shuttles, Air Show consultant, Air Show acts, sound and entertainment, VIP area, liability insurance and event maintenance ( "Jacksonville Services") . Subject to the maximum indebtedness of Paragraph 9, herein, the City of Jacksonville may provide. services in addition to the above listed Jacksonville Service to the extent said additional services become necessary to produce the Sea and Sky Spectacular; however, said 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 the same. B. ATLANTIC BEACH, JACKSONVILLE BEACH, and NEPTUNE BEACH: 1 . Monetary Contribution. ATLANTIC BEACH, JACKSONVILLE BEACH, and NEPTUNE BEACH have identified or obtained, and shall contribute $10, 000 each of sponsorship money from their city government for a total of $30, 000 for -4- the 2003 Jacksonville Beach Oceanfront Airshow, which shall be part of the Jacksonville Sea and Sky Spectacular. In addition, all three beach cities will contribute and fund additional support services as listed below. 2 . Support Services. Within their respective city limits, and/or as the need may require, ATLANTIC BEACH, JACKSONVILLE BEACH, and NEPTUNE BEACH will provide and fund staffing / Police, Fire and Rescue support services for the Jacksonville Beach Oceanfront Airshow, 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 aaree to cooperate in good faith to reach equitable sharing arrangements as they 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 Airshow require, as determined by Jacksonville, the supplementation of such services . 3 . Jacksonville Beach Oceanfront Airshow Facility. Jacksonville Beach shall provide property for the Jacksonville Beach Oceanfront Airshow. The aforementioned property shall be sufficiently available for tents, display -5- booths, parking, vendors, and other festival requirements as necessary and approved by the Jacksonville Beach City Manager and consistent with the City of Jacksonville Beach Special Events Policies and Code of Ordinances . 4 . Responsibility for Jacksonville Beach Oceanfront Airshow. Atlantic Beach, Jacksonville Beach and Neptune Beach City Managers or their designated representatives share responsibility for arranging and conducting the Jacksonville Beach Oceanfront Airshow with Jacksonville' s Director of Special Events and CNRSE, with Jacksonville' s Director of Special Events having the final or ultimate decision making authority, subject only to Paragraph 3 (B) (3) , above. 5 . Event Promotion. ATLANTIC BEACH, JACKSONVILLE BEACH, and NEPTUNE BEACH will have secondary responsibility and secondary approval authority for promoting the Event as a regional attraction. C. Navy / CNRSE The Commander, Navy Region Southeast, delegates his authority regarding the Event and agrees as follows : 1 . While, the Commanding Officer, Naval Air Station Jacksonville, has primary responsibility for the NAS Jacksonville Airshow, and is charged to conduct the on-base air show at NAS Jacksonville, the Commanding Officer, Naval Air Station at Mayport is only charged with support of the Jacksonville Beach Oceanfront Airshow by staging of static -6- display and performing aircraft , and by cooperating with Jacksonville to arrange and conduct the military demonstration at the Jacksonville Beach Oteanf3ont Airshow. 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 BEACH SEA AND SKY SPECTACULAR OCEANFRONT AIRSHOW COMMITTEE . There shall be a Jacksonville Beach Sea and Sky Spectacular Oceanfront Airshow Committee (The "Jax Beach Air Show Committee") including representatives of the parties . a. Membership. JACKSONVILLE, ATLANTIC BEACH, JACKSONVILLE BEACH, NEPTUNE BEACH, and Commanding Officer, NS Mayport each shall have membership on the Jacksonville Beach Sea and Sky Spectacular Oceanfront Airshow Committee. The Jacksonville Beach Airshow Committee shall advise the City of 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, NS Mayport, shall have no responsibility or involvement whatsoever with sponsorship matters . b. Final Authority. The parties agree that decisions of Jacksonville' s Director of Special Events, as to -7- 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: (i) any decision that may adversely impact the ability of the City 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 (ii) activities occurring on Navy property or involving Navy equipment or personnel . The parties also agree that only as to activities occurring on Navy property or involving Navy equipment or personnel shall the decisions of the CNRSE, as delegated above, be final . The Committee shall meet to determine any other rules and procedures that may be necessary to act as soon as possible. These shall include decisions, whether certain financial and policy, commitments and procedures, and shall require majority votes . c . Funding and Funds Carryover. Jacksonville, and the Jax Beach Airshow Committee (excluding CO Mayport, as provided above) will conduct sponsorship campaigns to cover the costs of the Jacksonville Beach Oceanfront Airshow. In addition to the funding and sponsorship campaigns, the parties may elect, but are not obligated, to provide additional financial support for the Jacksonville Beach Oceanfront Airshow. Further, if there is a surplus available on final funding from the Jacksonville Beach Oceanfront Air Show, Page 8 that surplus shall be held by Jacksonville for available use in the next scheduled Jacksonville Beach Oceanfront Airshow, unless the event will not take place the following term or Jacksonville determines specific other uses for such funds . 5. TERM OF AGREEMENT. This interlocal agreement has a two year term. It is renewable on a biennial basis from the date of its signing. 6. EFFECTIVE DATE. Prior to its effectiveness, this Agreement shall be fully executed by the parties, and filed with the Clerk of the Circuit Court, in and for Duval County, Florida, by the Office of General Counsel of the City of Jacksonville, as required by Section 163 . 01 (11) , Florida Statutes. 7. TERMINATION. Any party may withdraw from this agreement, with or without cause, upon 30 calendar days written notice provided to each of the other or remaining parties, via certified mail return receipt requested to the mailing addresses indicated on the signature page, hereof. If the remaining parties so desire, they may continue to prosecute the terms and conditions of this Agreement by formal and mutual execution of a letter agreement memorializing the same . 8. REPRESENTATIONS AND MODIFICATIONS. No statement, representation, writing, or agreement made by any party or any party representative, made prior to executing this agreement, which is not expressed herein shall be binding. Changes, amendments or revisions to this Agreement shall not be binding upon the parties, unless the same is in writing and signed by the parties by their respective authorized representatives . -9- 9 . MAXIMUM INDEBTEDNESS . This provision is contained pursuant to the requirements of Jacksonville Ordinance Code Section 106 .431 and sets JACKSONVILLE' s maximum indebtedness under this Agreement at $100, 000 . 00 (One Hundred Thousand Dollars) , which amount does not include any funding via sponsorships that have been or will be secured by the City of Jacksonville . As stated in Paragraph 3 (A) (4) , above, the City of Jacksonville may provide and/or fund services in addition to the listed Jacksonville Services, but only by written amendment hereto, and to the extent additional funds become available and are appropriated for the Event . To the extent this Agreement is amended in writing in order to increase the Jacksonville Services, said written amendment shall reflect a corresponding increase in the maximum indebtedness of this paragraph, if applicable. ATLANTIC BEACH, JACKSONVILLE BEACH, and NEPTUNE BEACH' s maximum indebtedness hereunder shall include their respective financial and service commitments defined in Paragraph 3 (B) (1) and (2) , above. 10 . ENTIRE AGREEMENT. This Agreement represents the entire agreement among the parties for the covenants and their responsibilities with respect to the Jacksonville Beach Oceanfront Airshow. (The parties have intentionally left the remainder of this page blank) Paze 10 IN WITNESS WHEREOF, the parties, by and through their authorized representatives, have executed this Agreement on -the -day and year first above written. ATTEST: CITY 9 1 • T \ IC BEACH, FLORIDA By: MI6 Maureen King, Ci erk Y� Jo .n • . �eServe, Mayor 800 Seminole Road 800\ $e ,inol\Road Atlan. ::o Beach, FL 32233 Atla\ti Bea h, FL 32233 ATTEST: CITY OF JACKSONVILLE BEACH, FLORIDA By: ' 41, Heidi Reagan, City Clerk • �� �� � Bob D. Mars.-n, Myour City of Jacksonville Beach, FL 11 North 3' Street Jacksonville Reach, FL 32250 By: ,L ✓. ?� GeorgeCD. Forbes, City Manager 11 North 3rd Street Jacksonville Beach, FL 32250 ATTEST: CITY OF NEPTUNE BEACH, FLORIDA 01-M°V / . : - /del ,Lisa Volpe CityClerk Richard Brown, Mayor City of Neptune Beach, FL 116 l' Street 116 ls- Street Neptune Beach, FL 32266 Neptune Beach, FL 32266 ATTEST: COMMANDER, NAVAL REGION SOUTHEAST, UNITED STATES NAVY Signature By: � .4f Signature MATTHEW E. SCHELLHORN • By direction Type/Print Name Title - -11- ATTEST: CITY OF ACKSONVI c4L11-6444,141,ti By: ML N ill W. McArthur, Jr. The esa O'D. 0 Price Corporation Secretary Chi=f of S.ec Events* 117 W. Duval Street 117 W. Duv_1 Street Jacksonville, FL 32202 ksonville, FL 32202 *Section 110 .320, Ordinance Code For the City of Jacksonville: In accordance with Section 24 . 103 (e) , Ordinance Code of the City of Jacksonville, I do hereby certify that there is an unexpended, unencumbered and unimpounded balance in the appropriation sufficient to cover the foregoing Agreement and that provision has been made for the payment of the monies provided therein to be paid. 4110111Prlif •irector of Admilsstration and Finance $roea: &Cfr1 b A I Assistant General •unsel gl.•aa O.; Page 12