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
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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.
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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
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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
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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.
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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
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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.