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Exh 9EAGENDA ITEM fi9E SEI'TEMIIER 8, 2003 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Interlocal Agreement for Conduct of the Jacksonville Sea and Sky Spectacular Air Show SUBMITTED BY: Jim Hanson. City Man DATE: August 28, 2003 BACKGROUND: The City of Jacksonville prepared a draft Interlocal Agreement between Jacksonville, the three beach cities and the Navy to put on the 2003 Air Show. Several amendments to that agreement have been made at the request of the beach cities and this final agreement satisfies all of the concerns raised by representatives of the beach cities as well as the City of Jacksonville. Like the last Air Show in 2001, each of the three beach cities will contribute $10,000 and provide support services including police, fire, rescue, crowd and traffic control, parking and refuse collection. Atlantic Beach will support the Air Show by providing several employees to help in these areas in the City of Jacksonville Beach where the Air Show will be located. Reports from the Navy and others involved in preparing for this Air Show indicate that the format will be much the same as the first Air Show in 2001, although better in several ways. The U.S. Air Force will also be represented with flying displays, the amphibious assault will utilize more elaborate equipment, and some other improvements will be added. BUDGET: ~ Atlantic Beach's share of the direct cost under this Agreement is $10,000. Funds are included in the City's current budget for this purpose. There will also be a cost for overtime for several employees to provide services in Jacksonville Beach during the event. Exact estimates of the cost of overtime have not yet been prepared. RECOMMENDATION: Authorize approval of the Interlocal Agreement for the Air Show. ATTACHMENT: Proposed Agreement. 08/28/OJ TIIU 08:17 FAY 904 BJ. 5588 SPECIAL EVENTS AGENDAITENI#9E ~. SEPTEMBER 8, 2003 R~jSF,D I~s~aTnrar. AGRg,E~NT AMONG T8E CITY OF JACKSONVILLE, FLORIDA, T8E CITY OF ATLANTIC HEACB, FLORIDA, THE CITY OF JAC1C40NVILLE SEACB, -FLORIDA, T8E CITY OF NEPTUNE REACH, FLORIDA, AND THE COlD19114DER, NAVAL REGION SOUTHEAST, U.S. NAVY FOR CONDUCT OF THE JACK$OINVtLLE SEA AND ' S1CY SPECTACULAR This REVISED INTERLOCAL AGREEMENT ("Agreement") is made and entered into. as of this _day of 2003; supercedes the original Interlocal Agreement among the parties dated March 12, 2001; and shall be etEective upon filing with the Clerk as herein provided, among: THE CITY OF JACKSONVILLE, FLORIDA, a consolidated municipal/county government ("JACKSONVILLE"), THE CITY OP ATLANTIC BEACH, FLORIDA, a municipal corporation in the General Services District o£ Jacksonville ("ATLANTIC BEACH"), THE CITY OF JACKSONVILLE' BEACH, FLORIDA, a municipal corporation in the General Services District of Jacksonville ("JACKSONVILLE BEACH°), THE CITY OF NEPTUNE BEACH, ,FLORIDA, a municipal corporation in the General Services District of Jacksonville ("NEPTUNE BEACH"), and The COMMANDER, NAVAL REGION SOUTHEAST, U.S. NAVY (CNRSE). 1. SUMMARY ....................................................... -2- 2. PURPOSE ............................................. ....... -2- 3. RESPONSIBILITIES... .........:.............................. -3- 4. JACKSONVILLE BEACH SEA 6 SKY SPECTACULAR OCEANFRONT AIRSHOW COMMITTEE.. .................................................. -6- 5. TERM OF AGREEMENT ............................................. -8- 6. EFFECTIVE DATE ................................................ -8- 7. TERMINATION .............. ...:............................... -8- 0. REPRESENTATIONS AND MODIFICATIONS . ............................ -9- 9. MAXIMUM INDEBTEDNESS .......................................... -9- 10. ENTIRE AGREEMENT ............................................ -9- ATTEST ........................................................... -10- -1- 08/28/OJ THU 08;18 FAY 804 09: 5588 SPECIAL EVENTS AGENDA ITEM#9E ' SEPTEMBER 8, 2003 IN CONSIDERATION of the mutual covenants contained in this agreement and for other good and valuable consideration, the legal sug£icioncy o! which is acknowledged .by the parties, the parties agree as follows: 1. 9U!l41RZ. 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 Eoster positive community relations and to support military recruiting eEEorts. 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 OceanEront). 2. Po'RPOSE. This interlocal agreement formally creates a relationship among the parties for the following purposes: A. To provide JACXSONVILLE, ATLANTIC BEACH, JACXSONVILLE 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 th® region. B. To fostor positive community relations by: -2- 08/.B/OJ TI{U 08:18 FAY 904 802 s588 SPECIAL EVENTS AGENDA ITEM #9E SEPTEMBER 8, 2003 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 antl their business communities. 2. Supporting Armed Service recruiting by offering an exciting family entertainment progzam, which may include an air show and a demonstration of military capabilities. 3. RESYONSIBILIxTES. The parties shall have the following responsibilities, which may. be supplemented oz more, specifically definetl 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 !or 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- oaizeioa THU 08:18 FAY 904 8J. 5588 SPECIAL EVENTS pGENDAITEMN9E SEPTEMBER 8, 2003 ~ 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 to the maximum indebtedness of Paragraph 9, herein, the City of Jacksonville will provide and £und various services necessary to produce the Sea and .Sky Spectacular, which services shall include, Police, private security, Fire and Rescue support services, advertising .s 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 BEACR: 1. Monetary Contribution. ATLANTIC BEACH, JACKSONVILLE BEACH, and NEPTUNE BEACH have identified or obtained, and ,shall contribute 510,000 each o! sponsorship money from their city government for a total of 530,000 for -4- O B.l .B(OJ THU 08:18 FAX BOS 80. 5588 SPECIAL EVENTS __ AGENDA ITEM #9E SEPTEMBER 8, 2003 the 2003 Jacksonville Heach 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/oz as the need may require, ATLANTIC BEACH, JACKSONVILLE HEACH, and NEPTUNE HEACH will provide and fund staffing 1 Police, Fire and Aescue support services Eor the Jacksonville Beach Oceanfront Airshow, including, without limitation, police services, crowd and traffic control, parking and refuse collection. ATLANTIC HEACH, JACKSONVILLE BEACH, and NEPTUNE BEACH recognize and acknowledge that crowd sizes and logistics, as well as financial considerations, may .require joint. sharing o£ these responsibilities and expenses as matters develop, and agree to cooperate in good faith to reach equitable sharing arrangements as they prove to be necessary. Jacksonville shall provide and £und 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 Seach shall. provide property for the Jacksonville Beach OceanZront Airshow. The aforementioned property shall be suEEiciently available for tents, display -5- 08,/.8/OJ THU 08:10 PAY B04 80. 5588 SPECIAL EVENTS AGENDA ITEMN9E SEPTEMBER 8, 2003 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.havinq the final or ultimate decision making authority, subject only to Paragraph 3(8)(3), above. 5. Event Promotion. ATLANTIC BEACH, JACKSONVILLE BEACH, and NEPTUNE BEACH will have secondary responsibility and secondary approval authority Sor 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- o8/:B/oJ TIlU 08:18 FAY B04 BJ2 SStlB SPECIAL EVENTS AGENDAITlM#9E SEPTEMBER 8, 2003 display and performing aircraft, and by cooperating with Jacksonville to arrange and conduct the military demonstration at the Jacksonville Heath Oceanfront Airshow. 2. Prohibition Against Use of Fonds. 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. JACICSONVI7S,E SEACB SEA ]1ND SRS 3PTCTACULAR OCEANFRONT AIRSSOq COt+?STTB&. 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, NEPTONE 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 oP the Jacksonville Heath 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- 08,/.8/0) TFlU 08:19 FAY 904 BJ^. 5s88 SPECIAL EVENTS AGENDA ITEM N)E SEPTEMBER 8, 2003 accounting, expenditures, marketing, staging, logistics, placement, consultants, contractors, vendors, scheduling, coordination and all other matters zelated to and/or contemplated herein, shall be final, except Por: (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 tho CNRSE, as tlelegated 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 Heach Oceanfront Airshow. In addition to the Lundinq and sponsorship campaigns, the parties may sleet, but are not obligated, to provide additional financial support for the Jacksonville Beach Oceanfront Airshow. Lhzrther, it there is a surplus availablc• on final funding from the Jacksonville Beach Oceanfront Air Show, Page 8 081:8/05 TIfU 08:18 FAY 904 89:.5588 SPECIAL EVENTS ACENDAII'EM#')E SEPTEMBER 8, 2003 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 data of its signing. 6. EFFECTI4JC DATE. Prior to its effectiveness, this Agreement shall be fully executed by the parties, and tiled 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. TERMS2D1Ti0N. Any party may withdraw Prom 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 o£ this Agreement by formal and mutual execution of a letter agreement memorializing the lama. 8. REPRE9ENTATION3 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- 09/20/00 TIIU 08::0 FAX 004 80. 5588 SPECIAL EVENTS AGENDA1TEMtI9E SEPTEMBER 8, 2003 9, MARIDfOM INDEBTEDNE33. This provision is contained puzsuant to the requirements of Jacksonville Ordinance Code Section 106.431 and sets JACKSONVILLE'S maximum indebtedness under this Agreement at 5100,000.00 (One Hundzed 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 reslect a cozresponding increase in• the maximum indebtedness of this paragraph, if applicable. ATLANTIC REACH, 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. ENSSRL AGREffi11;NT. This Agreement represents the entire agreement among the parties for ,the covenants and their responsibilities with respect to the Jacksonville Beach oceanfront Airshow. (The part3ea ?save intentionally Salt tLe r~~+-ader oP this pages blank) Page 10 of/Y8/03 TIiU 08::0 FA:( 9D4 69: 3388 SPECIAL EVENTS AGLNDAITEM#9E SEPTEMBER 8, 2003 IN WITNESS WHEREOF, the parties, by and through their authorized representatives, have ,executed this Agreement on the day and year first above written. ATTEST: Maureen King, City Clerk 800 Seminole Road Atlantic Beach; FL 32233 CZTY OF ATLANTIC BEACH, FLORIDA By: John S. Meserve, Mayor B00 Seminole Road Atlantic Beach, FL 32233 ATTEST: Bruce Corbitt, City Clerk City of Jacksonville Beach, FL 11 North 3i° Street Jacksonville Beach, FL 32250 ATTEST: Lisa Volpe, City Clerk City of Neptune Beach, FL 116 1" Street Neptune Beach, FL 3226fi ATTEST: Signature Type/Print Name Title _... CITY OF,JACRSONVIZLE BEACH, FLORIDA By: Bob D. Marsden, Mayor By: George D. Forbes, City Manager 11 North 3~d Street , Jacksonville Beach, FL 32250 CITY 06 NEPTONS REACH, FLORIDA By: Richard Brown, Mayor 116 1"` Street. Neptune Beach, FL 32266 COt~NDER, NAVAL REGION SOUTHEAST, DNITED 3TATES NAVY By: Rear Admiral Jan C. Gaudio -11- OR/28/0J TIiU 08:20 FAY 904 802 5588 SPECIAL EVENTS AGENDAITEM#9E SEPTEMBER 8, 2003 ATTEST: CITY OF JAC]S30NVIT.r.s By: Neill W. McArthur, Jr. Theresa O'Donnell Price Corporation Secretary Chief of Special Events* 117 W. Duval Stzeec 117 W. Duval Street Jacksonville, FL 32202 Jacksonville, 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 Jncksonville, I do hezeby testify that there is an unexpended, unencumbered and unimpounded balance in the appropziation sufficient to cover the foregoing Agreement and that provision has been made for 'the payment of the monies provided .therein to be paid. Director of Administration and Finance Form Approved: Assistant General Counsel Page 12