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HomeMy WebLinkAboutMARINE CORPS COMMUNITY SERVICESINSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: Marine Corps Base Camp Pendleton 4. Po�;ee,CCeq(e,1 T'(a�t4)(ZM)� MAR 2 3 2022 MC � S MARINE CORPS COVIC S N-2022-075 Pendleton, CA 92055-5020 4200 MCCS SP21-0209 1. Parties in Agreement. This Agreement is between Marine Corps Community Services, Marine Corps Base Camp Pendleton, hereinafter called "MCCS" and City of Santa Ana, 60 Civic Center Drive Santa Ana, CA 92701, hereinafter referred to as "SPONSOR." 2. Event or Program to be Sponsored. SPONSOR agrees to sponsor the following MCCS events, programs, or advertisements, "2022 TRS Law Enforcement & Public Safety Career Fair" (hereinafter referred to as the `Event') that will be held at MCB Camp Pendleton on 19 May 2022 in accordance with details provided in Paragraph 3, below. 3. Scope of the Agreement. a. Signed agreement shall be returned by 23 March 2022. b. Sponsor agrees to provide the following in exchange for recognition and event specific promotional opportunities: (1) Cash Sponsorship in the amount of Two Hundred Fifty Dollars ($250.00), on or before January 31, 2022 for the 2022 TRS Law Enforcement & Public Safety Career Fair; (2) Sponsor to provide Logo artwork and Click -through link on or before January 31, 2022 and; (3) Advertisements must contain the disclaimer, "No Department of Defense, U.S. Marine Corps or Marine Corps Community Services endorsement implied." C. MCCS agrees to provide the following recognition and promotional opportunities: (1) 2022 TRS Law Enforcement & Public Safety Career Fair. MCCS shall provide: (a)Logo and Click -through link included on pre -Event marketing materials; (b)Opportunity for a 6 ft. table and 2 chairs at Event; (c)Opportunity to hand out marketing materials at Event following all Covid protocols and; (d)Bruce Carroll, Employment Specialist, will be responsible for Event logistics and coordination. Document created on: 14 Feb 20'2 2:20 PM PST CB 4200 SP2 [-0209 Page 2 4. Payment Terms. SPONSOR agrees to provide the total fee of $250.00 to MCCS, in accordance with the indicated dates, via the MCCS online payment portal in the form of either an e-check or a credit card payment, as follows: a. Log in to mccscp.com; b. At the homepage tooter, select "Payments to MCCS'; c. Select the GREEN "Sponsorship/Advertising" button; d. Input your USERID "Santa Ana PD" and PW (already provided); e. Follow the prompts. 5. Schedule of Payments. Payments to be made as follows: a. Cash Sponsorship in the amount of Two Hundred Fifty Dollars ($250.00), as outlined in section 3.b, on or before January 31, 2022. 6. Authority and Legal Status. MCCS Morale, Welfare and Recreation (MWR) activities are an integral part of the Department of Defense (DoD), and are Non -appropriated Fund Instrumentalities of the United States Government. DoD Instruction 1015.10 and Marine Corps Order P1700.2713 authorize MCCS to engage in commercial sponsorship. Commercial sponsorship is the act of providing assistance, funding, goods, equipment (including fixed assets), or services to MCCS MWR programs and events by an individual, agency, association, company or corporation, or other entity for a specific period of time in return for public recognition or advertising promotions. Governing law under this Agreement is that of the United States Government. 7. Insurance. SPONSOR warrants that it carries a minimum general liability, product liability and automobile liability insurance coverage in the amount of $1 million per occurrence and $2 million aggregate. SPONSOR agrees to provide MCCS with a certificate of insurance describing the required coverage and naming the United States Government, the United States Marine Corps, Quantico Marine Corps Base, MCCS and Commandant of the Marine Corps (NAF Business and Support Services Division (MR)) as additional insureds upon request. 8. Indemnity. SPONSOR agrees to indemnify, defend, and hold harmless MCCS, the U.S. Government, the U.S. Marine Corps, and their officers and employees, agents, successors, and assigns, from and against any and all claims, damages, liabilities, losses, government proceedings, and costs and expenses, including reasonable attorneys' fees and costs of suit, arising out of any or all aspects of this Agreement and Event. Third parties will look solely to SPONSOR for payment and satisfaction of an obligation or claim arising from this event, or breach of any warranty or representations made by it, or any act or omission by it in the performance of the Event outlined in this Agreement. TERMINATION OF THIS AGREEMENT shall not affect the continuing Docmnent created on: 24 Feb -022 2:20 PM PST CB 4'00 SP21-o'uo Poc obligations of each of the parties under this paragraph. 9. Cost of Sponsorship. SPONSOR agrees that no amount of its cost of sponsoring the Event described in this Agreement will be charged to any entity or subdivision of the Federal Government under any circumstances. By entering into this Agreement, SPONSOR understands that there is no implication or promise on the part of MCCS or the United States Marine Corps to obligate or award appropriated funds for future business with SPONSOR. 10. Disclaimer. The United States Marine Corps and the Federal Government, including MCCS, are prohibited from officially endorsing or favoring sponsors. The parties agree that MCCS is required to disclaim official endorsement in any public recognition or media associated with a sponsored event. 11. Trademarks. a. SPONSOR's trademarks, label designs, product identifications, artwork, and other symbols and devices associated with SPONSOR's products or services are and shall remain SPONSOR's property. SPONSOR hereby authorizes MCCS to use SPONSOR's trademarks in promotions during the term of this agreement. The right to use SPONSOR's trademark is non-exclusive, non -assignable and non -transferable. All uses by MCCS of SPONSOR's trademarks shall inure solely to the benefit of the SPONSOR. b. This Agreement does not authorize SPONSOR to make use of any Marine Corps trademarks, including but not limited to those connected to MCCS programs. SPONSOR may make factual statements in reference to the sponsored Events. Example: On SPONSOR's media, SPONSOR could state, `A proud Sponsor of Camp Pendleton MCCS 2022 TRS Law Enforcement & Public Safety Career Fair', however SPONSOR may not display any Marine Corps or MCCS logo, emblem, seal, trademark, or other protected mark. Marine Corps and MCCS trademarks are regulated by the U.S. Marine Corps Trademark Licensing Program. Information on this program, including FAQs, guidance on obtaining a license, and contact information for the Marine Corps Trademark and Licensing Office is available at www.marines.mil/trademark. 12. On Site Code of Conduct. a. The above referenced Event is to be held on a federal installation. Sponsors, and all persons acting on behalf of sponsor, to include but not limited to, sponsor's employees, agents, subcontractors, volunteers, and others in performance of the sponsor's obligation under this agreement shall abide by all DoD, DoN, USMC Orders and regulations, to include dress codes, alcohol and tobacco use. The consumption of alcohol is prohibited while on duty and outside of designated areas when in an off duty status. Alcohol consumption is for persons over the age of 21 years. Possession of any substance deemed illegal by the Federal Government, to include medical or recreational marijuana, is strictly prohibited. Violation of DoD, DoN and Document created on: 24 Feb 20'' 2:20 PNI PST ( B 4200 SP21-0209 Page 4 USMC Orders and regulations may result in fines, arrest or removal from the installation, none of which will divest Sponsor's obligations under this agreement. The use of tobacco products, to include smokeless products and electronic cigarettes, outside of designated smoking areas is strictly prohibited. Orders and regulations are available on-line. Copies of civilian dress code standards are available upon request. b. Pursuant to MCIWEST MCB CAMPENO 5760.1 and MCO P1700.2713, this agreement is only for the Event(s) identified above. The parties agree that the Sponsor will not sponsor any other Event(s) on this installation not listed above without executing a modification or new agreement. On the occasion Sponsor provides sponsorship at another Event(s), without expressed written approval in accordance with applicable Orders and policies, MCCS may immediately terminate the Agreement by written notice. 13. Independent Contractor. SPONSOR agrees to perform this Agreement as an independent contractor. This Agreement shall not be construed as creating an agency, partnership, joint venture or employment relationship between the parties. 14. Non -Exclusivity. This Agreement does not confer to SPONSOR an exclusive right to promote its products in the MCCS Commercial Sponsorship Program. MCCS reserves the right to accept sponsorships from entities competitive to SPONSOR. 15. Assignment. This Agreement is not assignable in whole or in part by any party hereto in the absence of prior written consent by the other party. 16. Termination. Either party may immediately terminate the Agreement as follows: a. Upon a material breach of Agreement terms; b. If the Event must be cancelled due to circumstances beyond reasonable control of either party such as an act of God, weather delays, Government restrictions and mission requirements, or unforeseen commercial delays. If the event is cancelled in whole or in part due to such reasons, MCCS may either refund sponsorship fees and in -kind items provided or reschedule the Event and provide all of the advertising and sponsorship rights set forth in this Agreement at no additional charge to SPONSOR. e. c. Upon seven (7) days written notice to the other party for any reason. If MCCS terminates this agreement by written notice, it shall be without penalty. Should SPONSOR terminate this Agreement by written notice, SPONSOR agrees to compensate MCCS for reasonable costs incurred. Document created ow 24 Feb 2022 2:20 PM PSI' CB 4200 SP_-i)101i P2ec 17. Disputes. This Agreement is not subject to the Contracts Dispute Act of 1978, 41 U.S.C, Chapter 71. All disputes arising under or relating to this Agreement shall be resolved under this clause. All disputes relating to this agreement will be decided by the MCCS Contracting Officer, who will issue a written Final Decision and mail or otherwise furnish a copy thereof to SPONSOR. The Contracting Officer's decision will be final and conclusive unless within 90 (ninety) days from the date of SPONSOR's receipt of the Contracting Officer's Final Decision, SPONSOR mails or otherwise furnishes the Contracting Officer a written appeal (two copies) addressed to the Director, MCCS, (installation). The decision of the Director is final and conclusive and not subject to further appeal. The terms outlined above regarding the City of Santa Ana sponsorship of the "2022 TRS Law Enforcement & Public Safety Career Fair" meet with my approval. The Sponsor: Designated MCCS Appointee: Date Acceptance Date Name Printed Name ATTEST Q D ISY GO EZ i Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager RECOMMENDED FOR APPROVAL: By:[UM k� TAMARA BOGOSIAN ID VALENTIN Senior Assistant City Attorney Chief of Police Document created on: 24 Feb 2022 120 PM PST CB MAYOR Vicente Sarmiento MAYOR PRO TEM Phil Bacema COUNCILMEMBERS Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan CITY OF SANTA ANA HUMAN RESOURCES DEPARTMENT Jason R. Motsick Executive Director of Human Resources 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 92702 w .santa-ana.orc March 2, 2022 MCCS Marketing Bldg. 1 100 Vandegrift Blvd. Camp Pendleton, CA. 92055 Re: City of Santa Ana Insurance Program To Whom It May Concern: CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez The City of Santa Ana is a member of Independent Cities Risk Management Authority )ICRMA). Current coverage includes self-insurance, excess insurance, and reinsurance. The City self -insures and funds the first $2 million of claim payments. The City purchases excess coverage from $2 million to $3 million, and participates in ICRMA for coverage from $3 million to $30 million, which includes auto liability coverage. The City is permissively self -insured for workers' compensation. The City self -funds claim payments under $1.5 million. The City purchases excess coverage from $1.5 million to $2 million. The City, through ICRMA, purchases excess statutory coverage through Safety National above $2 million. The City is also a member of ICRMA's Property Insurance Program. Current property insurance is $250 million per occurrence for "All Risk" coverage. The City purchases earth movement and flood coverage with a $ 75 million limit for combined earth movement and flood coverage. Should you have any questions concerning the City of Santa Ana's insurance program, please contact the Risk Management Division at )714) 647-5470. Sincerely, A4(- Deborah Scott-Leistra Risk Manager cc: Cpl. Jorge Arroyo, Santa Ana Police Dept.