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HomeMy WebLinkAboutC-9688-1 - Host AgreementHOST AGREEMENT UThis Host Agreement ("Agreement") is by and between the Zoological Society of San Diego d/b/a San Diego Zoo Wildlife Alliance ("SDZWA") and City of Newport Beach ("Host") (each, a "Parry" and collectively, the "Parties") and is effective as of the date of the last signature below (the "Effective Date"). WHEREAS, SDZWA through its San Diego Zoo Wildlife Alliance Academy ("Academy") operates a wildlife immobilization safety training program known as Chemical Immobilization ("Training"); and WHEREAS, Host is interested in having its staff attend Training and to facilitate access to other interested parties; and WHEREAS, Host owns or has authority over certain facilities located at Newport Beach Police Department, 870 Santa Barbara Drive, Newport Beach, CA 92660 (the "Facilities"); WHEREAS, SDZWA desires to use Host's Facilities to conduct the Training in exchange for offering Host the benefits described herein; and WHEREAS, Host is willing to grant SDZWA such temporary rights and Agreements with respect to the Facilities. NOW, THEREFORE, SDZWA and Host do hereby agree as follows: 1. Grant of Agreement. At no cost to SDZWA other than the benefits to Host specified in Section 4 below, during the Term and solely for the purpose of conducting the Training, Host shall permit and facilitate use by SDZWA of certain designated space within its Facilities sufficient to accommodate the needs of the Training as communicated by SDZWA and confirmed by Host. 2. Term. This Agreement shall automatically terminate upon completion of the Training date: Thursday, August 01, 2024. 3. Publication. Host shall grant a limited -license to SDZWA to publicize the Host's name in connection with the Facilities as the location of the Training in targeted marketing and registration materials for the Training as agreed upon in advance by an authorized representative of Host. 4. Benefits to Host. One free registration will be provided to the Host for this event. Host will assist with set up and logistics for the Training. 5. Indemnification. SDZWA hereby agrees to indemnify, defend, and hold harmless Host from and against any and all actions, claims, damages, and losses arising from the Training at the Facilities; provided, however, that SDZWA shall have no obligation to indemnify Host for damages or liabilities resulting from Host's gross negligence or willful misconduct. 6. Insurance. SDZWA shall, at its sole cost and expense, maintain and carry insurance policies insuring SDZWA against liability arising from the Training at the Facilities. 7. Compliance with Laws. In exercising its rights under this Agreement, SDZWA shall comply with all applicable federal, state, and local laws and regulations. 8. Disputes. The Parties shall make every reasonable effort to resolve all issues or disputes that may arise under this Agreement by negotiation and in the spirit of collaboration. 9. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement. FOR THE ZOOLOGICAL SOCIETY OF SAN DIEGO: Signature: By. Signed in Counterpart Title: Date: FOR CITY OF NEWPORT BEACH: Signature: �VW --- By: Joseph C 'ght Title: Chief of Police Date: 7, 3 / • 2 APPROVED AS TO FORM: CITY ATTORNETS OFFICE Date: �'/3 ( /2dZ!f By: C 4,.� Aaron C. Harp, City Attorney Attest: Leilani 1. Brown, MMC, City Clerk Date: 0. 6. Insurance. SDZWA shall, at its sole cost and expense, maintain and carry insurance policies insuring SDZWA against liability arising from the Training at the Facilities. 7. Compliance with Laws. In exercising its rights under this Agreement, SDZWA shall comply with all applicable federal, state, and local laws and regulations. 8. Disputes. The Parties shall make every reasonable effort to resolve all issues or disputes that may arise under this Agreement by negotiation and in the spirit of collaboration. 9. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement. FOR THE ZOOLOGICAL SOCIETY OF SAN DIEGO: Signature`s/�/,i'L---�/ c _ By: Title: Date: �/� e, / FOR CITY OF NEWPORT BEACH: Signature: By: Joseph Cartwright Title: Chief of Police Date: