HomeMy WebLinkAboutC-9650-1 - Agreement (forV arious Marketing Opportunities)mc-'!
MARINE CORPS COMMUNITY Y
4200
MCCS
SP24-0258
1. Parties in Agreement. This Agreement is between Marine Corps Community Services, Marine
Corps Base Camp Pendleton, hereinafter called "MCCS" and City of Newport Beach acting by and
through the Newport Beach Police Department, 870 Santa Barbara Drive Newport Beach, CA
92660, 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 21 June 2024.
b. Sponsor agrees to provide the following in exchange for recognition and event specific
promotional opportunities:
(1) Cash in the amount of Six Hundred Dollars ($600.00), on or before June 21, 2024 for
FOUR dates of the 2024 MCCS Mini Career Expo;
(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
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
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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;
(4) Sponsor acknowledges that it is Self Insured and;
(5) 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 Mini Career Expo. 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)Only the following FOUR (4) 2024 Dates:
July 12;
August 2;
September 13;
October 4;
(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)MCCS acknowledges that Sponsor is Self Insured;
(f) 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
shall not affect the continuing obligations of each of the parties under this
Agreement and;
(g)All logistics, base access, driving directions and coordination of Event will be
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coordinated by the TRS Employment Specialist Team.
4. Payment Terms.
SPONSOR agrees to provide the total fee of $600.00 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 footer, select "Payments to MCCS";
c. Select the GREEN "Sponsorship/Advertising" button;
d. Input your USERID "NBPD" and PW (already provided);
e. Follow the prompts.
5. Schedule of Payments.
Payments to be made as follows:
a. Cash in the amount of Six Hundred Dollars ($600.00), as outlined in section 3.b., on or before
June 21, 2024.
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 P 1700.27B
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
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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 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.trademark.marines.mil/Frequently-Asked-Questions/.
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
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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 P1700.27B, 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 parry 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.
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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 Newport Beach acting by and through the Newport
Beach Police Department sponsorship of the "Various Marketing Opportunities" meet with my
approval.
For The Sponsor: Designated MCCS Appointee:
V ,1`7 ZOZy
Acceptance Date Acceptance Date
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Printq�4a"me(--� Printed Name
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Business Title Business Title
APPROVED AS TO FORM'
CITY ATTOR EY'S OFF
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on C. Harp, City Attorney " J
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Leilani !. Brown, Mr C, City Clerk
Date:
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