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
$10,000. Funds are included in the City's current budget for this
purpose. There will also be a cost for overtime for several employees
to provide services in Jacksonville Beach during the event. Exact
estimates of the cost of overtime have not yet been prepared.
RECOMMENDATION: Authorize approval of the Interlocal Agreement for the Air Show.
ATTACHMENT: Proposed Agreement.
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SEPTEMBER 8, 2003
R~jSF,D I~s~aTnrar. AGRg,E~NT AMONG T8E CITY OF JACKSONVILLE, FLORIDA,
T8E CITY OF ATLANTIC HEACB, FLORIDA, THE CITY OF JAC1C40NVILLE SEACB,
-FLORIDA, T8E CITY OF NEPTUNE REACH, FLORIDA, AND THE COlD19114DER, NAVAL
REGION SOUTHEAST, U.S. NAVY FOR CONDUCT OF THE JACK$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-
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' 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:
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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.
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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
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__ 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
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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
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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
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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,
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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.
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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)
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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
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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
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