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08/15/2018 AgreementGJ Z COURTS ° o: Kevin Madok, CPA .... Y1 Clerk of the Circuit Court & Comptroller — Monroe Count Florida •R OE COUN DATE: September 13, 2018 TO: Beth Leto, Airports Business Manager FROM: Pamela G. Hancock, D.C. SUBJECT: August 15' BOCC Meeting Attached is an electronic copy of Item C10, Commercial Sponsorship Agreement with Morale, Welfare & Recreation Department Naval Air Station (NAS) Key West in the amount of $5,000.00 in support of the NAS Key West 2019 Southernmost Air Spectacular event to be held at the Naval Air Station Boca Chica Field on March 30 & 31, 2019; to be paid from the Airport Operating Fund 404, for your handling. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney_ Finance File KEY WEST 500 Whitehead Street Key West, Florida 33040 305 - 294 -4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305 - 289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 MORALE, WELFARE & RECREATION DEPARTMENT Naval Air Station Key West P.O. Box Bldg. A -711, Essex Circle Key West, FL 33040 COMMERCIAL SPONSORSHIP AGREEMENT BETWEEN - MORALE, WELFARE & RECREATION DEPARTMENT AND KEY WEST INTERNATIONAL AIRPORT Agreement No. KW- AS -FY19 -009 26June2O18 1. 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 NAS Key West 2019 Southernmost Air Spectacular on 30. & 31 March 2019 at Naval Air Station Key West Boca Chica Field. 3. Fund Responsibilities. a. Recognize Sponsor as Patriot Sponsor ($5,000). 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 as Patriot Sponsor on official artwork that will be distributed throughout the Florida Keys in the form of 11x17 posters and digitally via social media & website outlets. d. List Sponsor as Patriot Sponsor of the 2019 NAS Key West Southernmost Air Spectacular and include active link Sponsor logo on the official event website and Facebook page. e. Provide Sponsor with a Quarter Page advertisement in the Program and recognized on. the Thank You page of the NAS Key West 2019 Official Air Show Program as an Patriot Sponsor. f. Include Sponsor on the Sponsorship. Recognition banners, as Patriot Sponsor. g. Display up to two (2) Sponsor banners (provided by Sponsor) throughout the air show site placed by Fund. Banners not to exceed 4'x10'. h. Provide Sponsor with a display booth space of 10' X 10' located along the Vendor Row for demonstration of merchandise, distribution of literature or sampling products (Fund approval required for sampling). Prominent display of corporate signage and banners on booth' (optional). Sponsor will provide their own tents, tables and chairs. i. Recognize Sponsor as Patriot Sponsor, 2019 NAS Key West Southernmost Air Spectacular at least four (4) times in announcements on 30 & 31 March 2019. j. Provide Sponsor with preferred seating inside the Sponsor Chalet for up to 12 people per day (24 people total), food and non - alcoholic beverages. k. Provide . Sponsor four (4) tickets to the Sponsor and Performer Meet and Greet at the Blue Angels Reception on 29 March 2019. Page , 1 of 3 I. Recognize Sponsor as Patriot Sponsor during the Sponsor and Performer Meet and Greet at the Blue Angels Reception. m. Provide Sponsor two (2) VIP. Parking Passes per day (4 passes total). n. Provide Sponsor one (1) framed 2019 Air Show poster. o. Provide Sponsor one (1) VIP rides with aerobatic pilot. p. Provide Sponsor a fulfillment report. 4. Sponsor's Responsibilities. a. Sign and return this Agreement by 1 October 2018. b. Provide high resolution Sponsor logo for promotional purposes by 1 October 2018. c. Provide Sponsor banners for placement by 4 p.m. on 15 March 2019. d. Sponsor will provide a check in the amount of $5,000 made out to "MWR Fund" by 15 October 2018. 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. Page 2 of 3 • 10. Independent Contractor. Sponsor and Fund shall 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. SPONSOR , FUND: Signature Signat j David Rice Timothy W. Campbell . ; Printed Printed r rn - Mayor MWR Director c-1! co Title Title` - '' yi,5 -12. 6/29/71/f Date Date r`: °. - Bldq. A -711 Essex Circle Street Address Street Address ,,o0:14D Key West, FL 33040 -4fl . y, : e, Zip City, State, Zip (jEVI MADOK, CLERK /7 / ATTO N / •FO y f i F . i ut Clerk ... , • - :--,:. �, y0 ._„ /// P Y I- SIST • COUNTYA •;' o � Date t / U Page3of3