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Item B15M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting October 18, 2017 Agenda Item Number: B.15 Agenda Item Summary #3362 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200 n/a AGENDA ITEM WORDING: Approval to enter into a Commercial Sponsorship Agreement with Morale, Welfare & Recreation Department, Naval Air Station Key West, in the amount of $2,500.00 in support of the 2017 Key West Centennial of Naval Aviation on December 2, 2017, on Trumbo Point, Key West. ITEM BACKGROUND: The Key West International Airport seeks to continue to support local community aviation - related events. Sponsorship dollars for Quality of Life programs benefit our community, the military and families PREVIOUS RELEVANT BOCC ACTION: CONTRACT /AGREEMENT CHANGES: new agreement STAFF RECOMMENDATION: Approval. DOCUMENTATION: MWR NAS Centennial FINANCIAL IMPACT: Effective Date: Upon execution by NAS Expiration Date: After event occurs Total Dollar Value of Contract: $2,500.00 Total Cost to County: N/A Current Year Portion: Budgeted: Yes Source of Funds: Airport Operating Fund 404 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: 09/20/17 404 -63201 - KEY WEST AIRPORT ADMIN $2,500.00 REVIEWED BY: Donald DeGraw Completed 08/31/2017 3:01 PM Pedro Mercado Completed 08/31/2017 3:04 PM Budget and Finance Completed 08/31/2017 4:02 PM Maria Slavik Completed 09/01/2017 7:20 AM Kathy Peters Completed 09/01/2017 12:45 PM Board of County Commissioners Completed 09/20/2017 9:00 AM MORALE, WELFARE & RECREATION DEPARTMENT Naval Air Station Key West P.O. Box 9027, Bldg. A -711, Essex Circle, Key West, FL 33040 COMMERCIAL SPONSORSHIP AGREEMENT BETWEEN MORALE, WELFARE & RECREATION DEPARTMENT AND KEY WEST INTERNATIONAL AIRPORT Agreement No. FY18 -OH -010 21 August 2017 This Agreement is made and entered into by and between the Morale, Welfare and Recreation Department, Naval Air Station Key West, hereinafter referred to as "Fund," and Key West International Airport hereinafter referred to as "Sponsor" . In consideration of the premises and mutual promises set forth herein, the parties, intending to be legally bound, hereby agree as follows: 2. Events. Fund agrees to conduct the 2017 Key West Centennial of Naval Aviation on 2 December 2017 on Trumbo Point. Fund Responsibilities. a. Recognize Sponsor as Title Sponsor ($2,500). b. Provide any endorsement disclaimer, as required by the U.S. Navy, at the event and on all promotional materials distributed in connection with the event. c. Include Sponsor logo on all marketing materials distributed leading up to the 2017 Key West Centennial of Naval Aviation. d. Include Sponsor advertisement on Kid's Passport distributed to patrons at the 2017 Key West Centennial of Naval Aviation on 2 December 2017. e. List Sponsor as Title Sponsor on the 2017 Key West Centennial of Naval Aviation official website (www.NavyMWRKeyWest.com /events) and Facebook page "NAS Key West" with logo and active link where applicable. f Place a full color, full page Sponsor ad in the Kids Passport to be distributed throughout the event for patron participation. g. Include Sponsor logo on the Sponsorship Recognition banners. h. Provide Sponsor with a display booth space (10 x 20 or comparable size) for demonstration of merchandise, distribution of literature or sampling products (tent, table & chairs are the responsibility of the Sponsor). 1. Allow Sponsor to provide real time, on -site information on their products and services in accordance with DoD Directives and SECNAV Instructions and to collect names and contact information of individuals through optional promotional prize sign ups and service requests. All promotional prize sign ups and service requests must include an option that an individual not be contacted by any means by the Sponsor, which will specifically be honored by the Sponsor. 2. Any food sampling or giveaway must have prior approval from Fund. 3. Table must post Navy disclosure statement: Sponsorship does not imply Federal endorsement of product or service. i. Display up to three (3) Sponsor banners (provided by Sponsor) throughout the 2017 Key West Centennial of Naval Aviation placed by Fund. May not to exceed 10 x 4ft. j. Provide Sponsor with preferred seating for up to 20 tickets, with seating, food and non- alcoholic beverages inside the Sponsor Tent. c� Z Page 1 of 3 k. Provide Sponsor five (5) preferred Parking Passes for 2 December 2017. 1. Provide Sponsor with 15 Kid's Zone all day access entry tickets. m. Provide Sponsor one (1) custom - framed 2017 Key West Centennial of Naval Aviation poster. n. Recognize Sponsor as Title Sponsor during the 2017 Key West Centennial of Naval Aviation at least five (5) times in announcements made on 2 December 2017. o. Provide Sponsor a fulfillment report. 4. Sponsor's Responsibilities. a. Sign and return this Agreement by 1 September 2017. b. Provide high resolution Sponsor logo for promotional purposes by 1 September 2017. c. Provide Sponsor banners for placement by 4 p.m. on 15 November 2017. d. Sponsor is responsible for providing any tent, table or chair for the sponsor tent. e. Submit required personal information for authorized background check for each person accessing the base for set up prior to the beginning of the event. f Sponsor will provide a check in the amount of $2,500 made out to "MWR Fund" by 15 September 2017. 5. Term and Termination. This Agreement shall be effective from date of signature by Fund through the end of the event or program. Either party may terminate with 30 days notice. 6. Cancellation of Performance of Program or Event. Fund shall not be responsible for events beyond its reasonable control, including, but not limited to acts of God, weather delays, government restrictions, security alerts or unforeseen commercial delays by the producer of the program or event. If the event is postponed due to any of the above, it may be rescheduled. Sponsor shall then be entitled to, and Fund agrees to give Sponsor, all rights set forth herein at no additional charge. 7. Promotional Limitations. a. Except as expressly provided herein, neither the Sponsor nor Fund shall have the right to use in any way the commercial or trade name, trademark(s), service mark(s), logo(s), or other identification of the other party without their prior written consent. b. Sponsor hereby grants to Fund a royalty -free, non - exclusive license to use and display trademarks, copyrighted materials, or patent protected goods or services associated with the products or services provided to Fund. Such use shall be limited solely to the duration of the event and any advertising or promotional activities relating thereto, which the Fund may show to prospective sponsors for future events. Sponsor and Fund acknowledge that provisions of this paragraph do not convey any right, title, or ownership interest in the trademark(s), service mark(s), logo(s), or other identification of one another without prior written consent. 8. Disputes. Any dispute or claim arising under this Agreement, which is not disposed of by consensus among the parties, shall be decided by the NAS Key West Commanding Officer, whose decision will be final; however, the Sponsor shall proceed diligently with the performance of this Agreement. 9. Termination for Default. The Fund, by written notice, may terminate this Agreement in whole or in part for failure of the Sponsor or any Sponsor's Subcontractors to perform any of the provisions herein. In such event, the Sponsor shall be liable for damages, including the excess cost of procuring similar supplies or services. The Fund will be able to keep any consideration already delivered to the Fund. In those cases where the consideration is completed upon the c� Z Page 2 of 3 signing of the Agreement or in close proximity in time thereto, the following may be used instead of the above default clause: "This Agreement shall become effective on the date of the last signature of both parties and shall remain in effect until Fund submits such required after-action report(s) as agreed upon by the parties." 10. Independent Contractor. Sponsor and Fund shalt be and act as independent contractors, and under no circumstances shall this Agreement be construed as one of agency, legal partnership or joint venture of employment between Fund and Sponsor. 11. Assignment, This Agreement is not assignable in whole or in part by any party hereto without prior written consent of the other. 12. Entire Agreement. This Agreement contains the entire understanding between the parties and supersedes any and all prior agreements, arrangements, communications, or representations, whether oral or written, concerning the same subject matter. This Agreement may not be amended, altered, modified or changed except in writing, signed by both parties. 13. Disclaimer. Neither Fund or Navy, or any other part of the Federal Government officially endorses any company, sponsor, or their products or services. 14. Costs of Agreement. Sponsor by signing this Agreement acknowledges that its costs of sponsorship has not and will not be charged to any part of the Federal Government, unless agreed to by separate legally-binding contracts issued by the Federal Government. 15. Notices. All notices required or permitted hereunder shall be deemed duly given if sent by certified mail, postage prepaid, addressed to the addresses cited under the authorizing signatures IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. MUM .................................................................................................................................. Signature Signature Date Date Street Address Bldg. A-711 Essex Circle Street Address Key West. FL 33040 ----------- - --- - - - City, State, Zip City, State, Zip Z ua