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HomeMy WebLinkAboutMCCS-MARINE CORPS COMMUNITY SERVICESN-2022-205 Return FULLY EXECUTED copy to COTC M-30 0'. PA(Critar. '�elvMey)(Su) - Cos Marine Corps Base Camp Pendleton; INSURANCE NOT REQUIRED MARINE CORPS COM 5'ry WORK MAY PROCEED CLERK OF TH6 MCIL DATE: ZZLL 1 Parties in Agreen Corps Base Camp Drive Santa Ana, 2. Event or Program to be Sponsored. Camp Pendleton, CA 92055-5020 4200 MCCS SP22-0224 'ommunity Services, Marine Santa Ana, 60 Civic Center SPONSOR agrees to sponsor the following MCCS events, programs, or advertisements, "2022 MCCS TRS Weekly Friday Mini Career Fairs" (hereinafter referred to as the "Event") that will be held at MCB Camp Pendleton from 1 June 2022 to 16 December 2022 in accordance with details provided in Paragraph 3, below. 3. Scope of the Agreement. a. Signed agreement shall be returned by 5 August 2022. b. Sponsor agrees to provide the following in exchange for recognition and event specific promotional opportunities: (1) Cash in the amount of Four Hundred Fifty Dollars ($450.00), on or before August 5, 2022, for the 2022 TRS Weekly Friday Mini Career Fairs; (2) Sponsor to provide Logo and Click -Through to MCCS by August 5, 2022; (3) Sponsor warrants that all in -kind items provided are of high quality, safe, merchandisable and appropriate for distribution to all age levels 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) 2022 MCCS TRS Weekly Friday Mini Career Fairs. MCCS shall provide: (a)Opportunity for up to 8 ft table display and space with branded tablecloth, staff in branded uniforms and branded tabletop displays. Must provide own table, chairs and self set-up; (b)Dates are as follows: -August 19, 2022 I) ,un III C,n ,� JILI '_J,, - I�, V� I Pi (_H 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. 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 MCCS TRS Weekly Friday Mini Career Fairs', 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. Dvcumccr crc-ITc�I on. Jul 'il_' 1 v alf I [ ( ", 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 "2022 MCCS TRS Weekly Friday Mini Career Fairs" meet with my approval. The Sponsor: Designated MCCS Appointee: See below ;ptance Date Acceptance Date Name Printed Name ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City mey By: _ IUAOA� TAMAkA BOGO MAN Senior Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager RECOMMENDED FOR APPROVAL: DAVI LENTIN tef of Police D,_iumen, crvc�a�, ac. 'z Jul _) 4>t P,-5 L13 MAYOR Vicente Sanniento MAYOR PRO TEM Phil Bacerra 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 wevw. santa-ana.oro July 25, 2022 MCCS Marketing BLDG 1 10 Vandergrift 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 1714) 647-5470. Sincerely, AGL Deborah Scott-Leistra Risk Manager cc: Cp. Jorge Arroyo, Santa Ana Police Dept.