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HomeMy WebLinkAboutMCCS-MARINE CORPS COMMUNITY SERVICES (4)INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: MAY 14 2024 fl'. Pol�ce(,1� (c 1;2a(dI ES M des MARINE CORPS COMMUNITY N-2024-161 4200 MCCS SP24-0116 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, "Various Marketing Opportunities" (hereinafter referred to as the "Event") that will be held at MCB Camp Pendleton in accordance with details provided in Paragraph 3, below. 3. Scope of the Agreement. a. Signed agreement shall be returned by 5 April 2024. b. Sponsor agrees to provide the following in exchange for recognition and event specific promotional opportunities: (1) Cash in the amount of Two Thousand Two Hundred Fifty Dollars ($2,250.00), on or before May 31, 2024 for the following: - One Thousand Seven Hundred and Fifty Dollars ($1,750.00) for the 2024 MCCS Mini Career Expo (Jun -Nov); -Two Hundred Fifty Dollars ($250.00) for the 2024 MCCS First Responders Career Fair, on June 6, 2024; - Two Hundred Fifty Dollars ($250.00) for the 2024 MCCS Fall Career Exploration and Hiring Event on October 3, 2024; (2) Sponsor to provide their own table, chairs, and table cloth at Friday Mini Fairs; (3) For this agreement and for this agreement only, Sponsor acknowledges Section 8 Indemnity will be modified as follows: 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 ('MCCS Indemnified Parties'), 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, which are caused by or result from the actions or omissions of SPONSOR. MCCS agrees to indemnify, defend, and hold harmless Document created on: 20 Mar 2024 3:21 PM PST FU 4200 SP24-0116 .. Page 2 SPONSOR, its City Council, its elected and appointed boards, officers, officials, employees, agents and volunteers ('SPONSOR Indemnified Parties'), 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, which are caused by or result from the actions or omissions of MCCS Nothing in this Agreement shall be considered to waive MCCS' sovereign immunity. TERMINATION OF THIS AGREEMENT shall not affect the continuing obligations of each of the parties under this Agreement and; (4) 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) 2024 MCCS Fall Career Exploration and Hiring Event. MCCS shall provide: (a)Company name and click -through link included on MCCS event page, as available; (b)Opportunity for a 6 ft. table and 2 chairs at Event; (c)Opportunity to hand out marketing materials at Event and; (d)Base access, Agenda set-up information and driving directions to Event facility to be coordinated by Bruce Carroll, TRS Employment Specialist. (2) 2024 MCCS First Responders Career Fair. MCCS shall provide: (a)Company name and click -through link included on MCCS event page, as available; (b)Opportunity for a 6 ft. table and 2 chairs at Event; (e)Opportunity to hand out marketing materials at Event; (d)For this agreement and for this agreement only, MCCS acknowledges Section 8 Indemnity will be modified as follows: 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 ('MCCS Indemnified Parties'), 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, which are caused by or result from the actions or omissions of SPONSOR. MCCS agrees to indemnify, defend, and hold harmless SPONSOR, its City Council, its elected and appointed boards, officers, officials, employees, agents and volunteers ('SPONSOR Indemnified Parties'), 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, which are caused by or result from the actions or omissions of MCCS Nothing in this Agreement shall be considered to waive MCCS' sovereign immunity. TERMINATION OF THIS AGREEMENT Document created on: 20 Mar 2024 3:21 PM PST FU 4200 SP24-0116 Page 3 shall not affect the continuing obligations of each of the parties under this Agreement and; (e)Base access, Agenda set-up information and driving directions to Event facility to be coordinated by Bruce Carroll, TRS Employment Specialist. (3) 2024 MCCS Mini Career Expo (Jun -Nov). MCCS shall provide: (a)Opportunity for loft x 10ft outdoor display space with branded pop-up tent, tablecloth, staff in branded uniforms and branded tabletop displays. Must provide own table, pop-up tent, chairs and self set-up; (b)Dates in 2024 are as follows: June— 7, 14, 28 July-12, 19, 26 August— 2, 9, 16, 23, 30 September— 13, 20, 27 October— 4, 11, 25 November— 1; (c)Branded vehicles may park in close proximity to Event in designated parking spaces; (d)Set-up is on the grassy area outside of Leatherneck Lanes -Transition Readiness Facility Bldg. 1339 and to commences NO earlier than 10:45 am and; (e)All logistics, base access, driving directions and coordination of Event will be coordinated by Bruce Carroll, TRS Employment Specialist. 4. Payment Terms. SPONSOR agrees to provide the total fee of $2,250.00 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 mecscp.com; b. At the homepage looter, 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 in the amount of Two Thousand Two Hundred Fifty Dollars ($2,250.00), as outlined in section 3.b., on or before May 31, 2024. 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 Document created on: 20 Mar 2024 3:21 PM PST FU 4200 SP24-0116 Page 4 the United States Government. DoD Instruction 10 15. 10 and Marine Corps Order PI700.27B 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 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. Document created on: 20 Mar 2024 3:21 PM PST FU 4200 SP24-0116 Page 5 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 Various Marketing Opportunities', 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 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. Document created on: 20 Mar 2024 321 PM PST FU 4200 SP24-0116 Pale 6 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. 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. 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 "Various Marketing Opportunities" meet with my approval. For The Sponsor. Designated MCCS Appointee. See below Acceptance Date Acceptance Date Printed Name Printed Name Document created on: 20 Mar 2024 3:21 PM PST PU 4200 N-2024-161 SP24-0116 Page 7 Business Title Business Title IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: IaQk� TAMARA BOGOSIAN Senior Assistant City Attorney CITY OF SANTA A LVARO NUNEZ Acting City Manager RECOMMENDED FOR APPROVAL: 0- ROBERT RODRIGUEZ Acting Chief of Police Document created en: 20 Mar 2024 321 PM PST FU