The URL can be used to link to this page

Home My WebLink AboutMCCS-MARINE CORPS COMMUNITY SERVICES (3)INSURANCE NOT REQQIUP WORK MAY PROCEED CITY CLERK DATE. 0, V D C-) Lo. L.fuk�i i ) LOlr� Return FULLLY EXECUTED Copy to COTC, M-30 q� SAN DIEGO N-2023-206 C«Z•T�1 1. Parties in Agreement. This Agreement is between Marine Corps Recruit Dep Marine Corps Community Services (MCCS) San Diego, hereinafter called "MCRD/MCCS" and Santa Ana Sheriff's Department, located at 60 Civic Center Plaza, Santa Ana, CA 92701 hereinafter referred to as "SPONSOR." 2. 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. 3. Event, Program, or Advertisement to be Sponsored. SPONSOR agrees to support the following MCRD/MCCS event in 2023 (hereinafter referred to as "the Event"). a. MCRD/MCCS Career and Education Fair on Wednesday 20 September 2023. 4. Scope of the Agreement a. Signed Agreement shall be returned by 18 August 2023. b. SPONSOR agrees to provide the following in exchange for recognition and Event specific promotional opportunities: i. MCRD/MCCS Career and Education Fair cash support of one hundred fifty (150) dollars. Cash value = $150.00 c. MCRD/MCCS agrees to provide the following: L SPONSOR will receive one (1) reserved ten (10) foot by ten (10) foot footprint including one (1) table and two (2) chairs at the Event; ii. Opportunity for SPONSOR to interact with service members and their families during the Event; iii. Permission for SPONSOR to hand out educational flyers, brochures, job applications and MCCS approved marketing/promotional items at the Event; iv. SPONSOR listing on signage at the Event; v. Lunch and refreshments provided for up to two (2) people. SDCF23-035 S. Payment Terms. SPONSOR agrees to provide the following: a. Sponsorship fee in the amount of $150.00. (4b.) b. Sponsorship fee due on or before 18 August 2023 by Eventbrite Link or Automated Clearing House (ACH) digital payment. i. If paying by Eventbrite Link, use https://23Exhibitor.eventbrite.com, there will be an additional charge from Eventbrite. ii. If paying by Automated Clearing House (ACH), the MCRD/MCCS Frontwave checking account routing number and account number will be provided by email. ill. SPONSOR must notify Ivan Trujillo, Commercial Sponsorship Coordinator, at MCRD/MCCS at ivan.trujillo@usmc-mccs.org which payment option SPONSOR prefers. 6. 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 MCRD/MCCS with a certificate of insurance describing the required coverage and naming the United States Government, the United States Marine Corps, MCRD San Diego, MCCS and the Commandant of the Marine Corps Personal and Family Readiness Division at 3044 CATLIN AVENUE, QUANTICO, VIRGINIA 22134-5103 as additional insureds upon request. 7. Indemnity. SPONSOR agrees to indemnify, defend, and hold harmless MCRD/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 the grossly negligent or intentional act of SPONSOR, its agents, representatives employees, or anyone acting on SPONSOR behalf with respect to 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 out of the grossly negligent or intentional act of Sponsor arising from this event, or breach of any warranty or representations made by it, or any act. 8. 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 MCRD/MCCS or the United States Marine Corps to obligate or award appropriated funds for future business with SPONSOR. 9. Disclaimer. The United States Marine Corps and the Federal Government, including MCRD/MCCS, are prohibited from officially endorsing or favoring SPONSOR or advertisers. The parties agree that MCRD/MCCS is required to disclaim official endorsement in any public recognition or media associated with a sponsored event. SDCF23-035 10. Trademarks. a. SPONSOR trademarks, label designs, product identifications, artwork, and other symbols and devices associated with SPONSOR products or services are and shall remain SPONSOR property. SPONSOR hereby authorizes MCRD/MCCS to use SPONSOR trademarks in promotions during the term of this agreement. The right to use SPONSOR trademark is non-exclusive, non -assignable and non- transferable. All uses by MCRD/MCCS of SPONSOR trademarks shall inure solely to the benefit of the SPONSOR. b. This sponsorship does not authorize SPONSOR to make use of any Marine Corps trademarks, including but not limited to those connected to MCRD/MCCS programs. SPONSOR may make factual statements in reference to the Events. Example: On SPONSOR media, SPONSOR could state, "A proud SPONSOR of MCRD/MCCS" 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. 11. 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. 12. Non -Exclusivity. This Agreement does not confer to SPONSOR an exclusive right to promote its products in the MCCS Commercial Sponsorship Program. MCRD/MCCS reserves the right to accept sponsorships from entities competitive to SPONSOR. 13. 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. 14. Term and Termination. This Agreement will take effect from the date MCRD/MCCS and the SPONSOR sign Agreement and shall remain in effect through 20 September 2023 a. Either Party may immediately terminate the Agreement as follows Upon a material breach of Agreement terms 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, MCRD/MCCS may either refund sponsorship fees and in -kind items provided or reschedule the Event and provide all of the advertising and SPONSOR rights set forth in this Agreement at no additional charge to SPONSOR. Upon fourteen (14) days written notice to the other party for any reason. If MCRD/MCCS terminates this agreement by written notice, it shall be without penalty. Should SPONSOR terminate this Agreement by written notice, SPONSOR agrees to compensate MCRD/MCCS for reasonable costs incurred. SDCF23-035 15. Disputes. This Agreement is not subject to the Contract Disputes 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 ninety (90) 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 MCRD/MCCS Marketing Manager. The decision of the Marketing Manager is final and conclusive and not subject to further appeal. IN WITNESS WHEREOF, the parties have below executed this agreement. FOR: MCRD/MCCS: Signature: Date: Shani McPherson Marketing Manager MCRD/MCCS San Diego 3800 Chosin Ave, Bldg. 5E San Diego, CA 92140-5196 Email: shani.mcpherson@usmc-mccs.org Phone: 619-725-6484 APPROVED AS TO FORM: SONIA R. CARVAEHO City Attorney By: f WFUM � I, - Tamara Bogosian Senior Assistant City Attorney SPONSOR: Signature: see below Date: SAPD Contact Information: Santa Ana Police Department 60 Civic Center Plaza Santa Ana, CA 92701 Email: jarroyo@santa-ana.org Phone: 714-213-9607 CITY OF SANTA ANA KRISTINE RIDGE `- City Manager RECOMMENDED FOR APPROVAL: Da ' entin Chief of Police 4