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Item H2 H.2 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting December 7, 2022 Agenda Item Number: H.2 Agenda Item Summary #11442 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 N/A AGENDA ITEM WORDING: Approval to enter into a Commercial Sponsorship Agreement with Morale, Welfare & Recreation Department, Naval Air Station (NAS) Key West in the amount of $25,000 in support of the NAS Key West 2023 Southernmost Air Spectacular event to be held at the Naval Air Station Boca Chica Field on April 15 & 16, 2023; to be paid from the Airport Operating Fund 404. ITEM BACKGROUND: The Key West International Airport supported the 2013, 2016 and 2019 NAS Air Shows and would like to continue to support the local community aviation related events. Sponsorship dollars benefit our military and their families' quality of life programs. PREVIOUS RELEVANT BOCC ACTION: Approval of prior sponsorship agreements in 2013, 2015 and 2019. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: EYW-MWR 2023 NAS Air show sponsorship agreement FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: April 17, 2023 Total Dollar Value of Contract: $25,000.00 Total Cost to County: 0 Packet Pg. 1131 H.2 Current Year Portion: $25,000.00 Budgeted: Yes Source of Funds: Airport Operating Fund 404 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: No Additional Details: 12/07/22 404-63201 - KEY WEST AIRPORT ADMIN $25,000.00 REVIEWED BY: Beth Leto Completed 11/16/2022 2:46 PM Richard Strickland Completed 11/17/2022 4:07 PM Pedro Mercado Completed 11/17/2022 4:15 PM Purchasing Completed 11/17/2022 4:37 PM Budget and Finance Completed 11/18/2022 8:13 AM Brian Bradley Completed 11/18/2022 9:22 AM Lindsey Ballard Completed 11/18/2022 4:40 PM Board of County Commissioners Pending 12/07/2022 9:00 AM Packet Pg. 1132 H.2.a 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. KW-AS-FY23-009 27 July 2022 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 Q 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 2023 Southernmost Air Spectacular on 15 & 16 April 2023 at Naval Air Station Key West Boca Chica Field. 3. Fund Responsibilities. a. Recognize Sponsor as Presenting Sponsor($25,000). 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. Sponsor has the opportunity to have their name in the labeling/branding of a specific location throughout the event. Example: "Home Depot Kids Zone". d. Include Sponsor logo as Presenting Sponsor on official artwork that will be distributed throughout the Florida Keys in the form of 11 x1 7 posters and digitally via U) social media & website outlets. e. List Sponsor as Presenting Sponsor of the 2023 NAS Key West Southernmost Air Spectacular and include active link Sponsor logo on the official event website and Facebook page. N f. Provide Sponsor with a Primary Full Page advertisement in the Program and N recognized on the Thank You page of the NAS Key West 2023 Official Air Show Program as a Presenting Sponsor. , g. Include Sponsor on the Sponsorship Recognition banners, as Presenting Sponsor. h. Display up to four (4) Sponsor banners (provided by Sponsor) throughout the air show site placed by Fund. Banners not to exceed 4'x10'. i. Provide Sponsor with a display booth space of 10' X 20' 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. j. Recognize Sponsor as Presenting Sponsor, 2023 NAS Key West Southernmost Air Spectacular at least six (6) times in announcements on 15 & 16 April 2023. k. Provide Sponsor with a Private Flightline Chalet with preferred seating for up to 40 people per day (80 people total), food and non-alcoholic beverages. Page 1 of 3 Packet Pg. 1133 H.2.a I. Provide Sponsor six (6) tickets to the Flight Suit Social on 13 April 2023 and six (6) tickets to the Blue Angels Meet & Greet Reception on 14 April 2023. m. Recognize Sponsor as Presenting Sponsor during the Sponsor and Performer Meet and Greet at the Blue Angels Reception. n. Provide Sponsor four (4) VIP Parking Passes per day (8 passes total). o. Provide Sponsor one (1) custom-framed 2023 Air Show poster. p. Provide Sponsor two (2) VIP rides with aerobatic pilot. q. Provide Sponsor a fulfillment report. 4. S onsor's Responsibilities. a. Sign and return this Agreement by 1 December 2022. b. Provide high resolution Sponsor logo for promotional purposes by 1 October 2022. c. Provide Sponsor banners for placement by 4 p.m. on 31 March 2023. d. Sponsor will provide a check in the amount of$25,000 made out to "MWR Fund" by 31 December 2022. N 5. Term and Termination. This Agreement shall be effective from date of signature by N Fund through the end of the event or program. Either party may terminate with 30 days N 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. 0 0 7. Promotional Limitations. 0 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), a 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 M solely to the duration of the event and any advertising or promotional activities N 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. W 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 Packet Pg. 1134 H.2.a 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 the Department of the Navy does not endorse any M company, sponsor or their products or services. Q N 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. 0 U) 1N WITNESS WHEREOF, the parties hereto have a s t i gree nt to be executed. 0 SPONSOR: F N 0 Signature Sig re Donald R. Wells Printed Printed M N MWR Director N Title Title 1� �0 � a �- Date Date 4i Bldg, A-711 Essex Circle Street Address Street Address E Key West, FL 33040 City, State, Zip City, State, Zip �R ® p A ro sY A 'StsT A7 YRNEEY Date 11/15/22 Page 3 of 3 Packet Pg. 1135