HomeMy WebLinkAboutMARINE CORPS COMMUNITY SERVICES (2)INSURANCE ON FILE Return FULLLY EXECUTED N-2023-004
WORK NIAY PROCEED Copy to COTC, M-30
UNTIL INSURANCE EXPIRES
4.1 zoes
CLERK OF COUNCIL
DATE: Marine Corps Base
Camp Pendleton -A.
Camp Pendleton, CA 92055-5020
L� MARINE CORPS SEavc STY
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MCCS
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1. Parties in Agreement. This Agreement is between Marine Corps Community in Agreement. This Agreement is between Marine Corps Community Services, Marine
e 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 6 January 2023.
b. Sponsor agrees to provide the following in exchange for recognition and event specific
promotional opportunities:
(1) Sponsor to provide Cash Sponsorship in the amount on Two Thousand Seven Hundred
Fifty Dollars ($2,750.00) on or before January 6, 2023, for the following opportunities:
-Two Thousand Dollars ($2,000.00) for the 2023 MCCS TRS Weekly Friday Mini
Career Fairs, January -June;
-Two Hundred Fifty Dollars ($250.00) for the 2023 MCCS Career Expo, on March 23,
2023;
-Two Hundred Fifty Dollars ($250.00) for the 2023 MCCS First Responders Career Fair,
on June 8, 2023;
-Two Hundred Fifty Dollars ($250.00) for the 2023 MCCS Transition & Resource Career
Fair, on October 19, 2023;
(2) Sponsor to provide Logo artwork and Click -through link to MCCS on or before January
6, 2023 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:
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(1) 2023 MCCS TRS Weekly Friday Mini Career Fairs. MCCS shall provide:
(a)Opportonity 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:
Jan- 13,27
Feb-3, 10, 17
Mar-3,10, 17, 24, 31
Apr-7, 14, 21, 28
May-5,12,19, 26
June-9, 16, 30;
(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;
(e)No display of weapons or ammunition and;
(f) All logistics, base access, driving directions and coordination of Event will be
coordinated by Bruce Carroll, TRS Employment Specialist.
(2) 2023 MCCS Career Expo. 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)Base access, Agenda set-up information and driving directions to Event facility to
be coordinated by Bruce Carroll, TRS Employment Specialist.
(3) 2023 MCCS First Responders 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)Base access, Agenda set-up information and driving directions to Event facility to
be coordinated by Bruce Carroll, TRS Employment Specialist.
(4) 2023 MCCS Transition & Resource 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;
(e)Opportunity to hand out marketing materials at Event following all Covid
protocols and;
(d)Base access, Agenda set-up information and driving directions to Event facility to
be coordinated by Bruce Carroll, TRS Employment Specialist.
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4. Payment Terms.
SPONSOR agrees to provide the total fee of $2,750.00 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 footer, 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. Sponsor to provide Cash Sponsorship in the amount of Two Thousand Seven Hundred Fifty
Dollars ($2,750.00), as outlined in section 3.b., on or before January 6, 2023.
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 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
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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 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
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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
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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.
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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
Business Title
Business Title
-es-
��'Y1'�1
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
CITY OF SANTA ANA
KKISTINE RIDGE
City Manager
RECOMMENDED FOR APPROVAL:
Tamara Bogosian i Valentin
Senior Assistant City Attorney Chief of Police
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INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
1802 Von Karman Ave., Suite 200, Irvine, CA92612
949.349-9882
Liability Certificate of Coverage
Additional Covered Party
Certificate Number: 2022 0204
Certificate Holder: Marine Corps Community Services
Camp Pendleton, CA 92055
Covered Party: City of Santa Ana
Description of
Covered Activity: As respects Santa Ana Police Dept. recruitment personnel attending multiple career fairs at
MCCS throughout the policy period. The Certificate Holder is included as an Additional
Covered Partywith regard to a ny negligent acts or omissions of the Covered Member, its
employees, and its elected or appointed officials.
Memorandum of
Coverage Number: ICRMA GL 2023 Effective Date: 711/22 Expiration Date: 7/1/23
Limits: $2,000,000 (per occurrence)
MemberRetained *$3,000,000
Lim it:
The Following General and automobile liability as defined in the memorandum of coverage on file w ith the covered party
Coverage is in named above. Sexual misconduct not specifically excluded for the city.
effect:
This is to certify that the coverage listed above has been issued to the Covered Party named above for the
coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other
document w ith respect to w hich this certificate may be issued or may pertain. The coverage afforded as
described herein is subject to all the terms, exclusions, and conditions of the Liability Memorandum of
Coverage of the ICRMA, w hich is available for your review upon request.
Pursuant to the definition of Covered Party in the Liability Memorandum of Coverage, the certificate holder
named above is an additional covered party for covered claims arising out of the covered activity stated
above and is subject to the limits stated above. *Such limits are inclusive of the city's MRL.
Coverage is in effectfrom12:01 a.m. Pacific Standard Time of effective date to 12:01 a.m. Pacific
Standard Time of expiration date as stated above and w ill not be canceled, limited, or allow ad to expire
except upon 30-day notice to the certificate holder.
Date Issued: 12/24/2022
Renewal: Yes
Authorized Representative Signature:"
£ oo REVIEWED&APPROVEEOft
Risk Management Analyst