23-095 CTVP and City MOU to promote Senior Center ProgramsMEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CUPERTINO AND CUPERTINO TV PRODUCTIONS
REGARDING THE PRODUCTION OF MARKETING CONTENT TO PROMOTE
SENIOR CENTER PROGRAMS.
This Memorandum of Understanding (“MOU”) is the City of Cupertino (“City”) and Cupertino TV
Productions (“Organization”) (together, the “Parties”) for the purpose of producing marketing
content to promote senior center programs.
WHEREAS, the City and the Organization desire to enter this MOU to create marketing content to
promote Senior Center services and programs to members of the public age 50+ (described in Section
4 of this MOU); and
WHEREAS, the City and the Organization have determined that it is to their mutual advantage to
enter into this MOU, which will allow the Organization to host their 40th anniversary event at the
senior center free of charge.
WHEREAS, a MOU between the Parties is necessary to outline the purpose of this collaboration;
NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, it is
mutually understood and agreed by and between the parties hereto as follows:
1. Term
a. This MOU is effective on the last date signed below (“Effective Date”) and will remain
in effect through November 5, 2023 (“Expiration Date”). City may terminate the
contract for cause or without cause at any time and will notify Organization as soon as
possible.
2. Coordination
a. Representatives from the Organization and the City will meet to set dates, times, and
locations for the services.
3. City Obligations
a. Waive the hourly rental fees, not including the deposit, for the use of the Reception
Hall at the Cupertino Senior Center for the Organization’s 40th anniversary event (to
the extent allowed by current County/State health mandates due to the COVID-19
pandemic).
b. Provide staff services and support for the room setup and audio, visual, and technical
setup for the anniversary event.
c. Provide staff services to aid with the printing of programs for the anniversary event.
4. Organization Obligations
a. Create, edit, and produce content for the Cupertino Senior Center to use to enhance
promotion of program offerings. Services will include capturing videos/pictures of pre-
determined activities and conducting on camera interviews of attendees. Activities will
include, but are not limited to, the Senior Center Open House and 50+ Golf
Tournament.
b. Communicate regularly with City staff regarding scheduling or issues.
5. Compensation
a. The services described above are provided by the Parties as a service to the
community. Unless otherwise mutually agreed upon in writing by the parties, the
Parties will not compensate (i.e. provide remuneration to) each other for the services
described above.
6. Liabilities
a. The Organization agrees to defend, indemnify and hold harmless the City, its City
Council, boards and commissions, officers, officials, employees, agents, servants,
volunteers, and consultants from any and all liability, damages, claims, actions, causes
of action, demands, charges, losses, costs, and expenses (including attorney fees, legal
costs, and expenses related to litigation and dispute resolution proceedings) of every
nature, arising directly or indirectly from that Parties’ negligence or willful misconduct
in connection with this MOU.
7. General Provisions
a. Entire Agreement. This MOU represents the full and complete understanding of every
kind of nature between the Parties, and supersedes any other agreement(s) and
understanding(s), either oral or written, between the Parties.
b. Amendment. Any amendment to or modification of this MOU will be effective only if
in writing and signed by each Party’s authorized representative. No verbal agreement
or implied covenant will be valid to amend or abridge this MOU.
c. Governing Law and Venue. This MOU is governed by the laws of the State of
California. Any lawsuits files related to this MOU must be filed with the Superior
Court for the County of Santa Clara, State of California.
d. Third Party Beneficiaries. There are no intended third-party beneficiaries of this MOU.
e. Headings. The headings in this MOU are for convenience only, are not a part of the
MOU, and in no way affect, limit, or amplify the terms or provisions of this MOU.
f. Severability / Partial Invalidity. If any term or provision of this MOU, or its application
to a particular situation, is found by the court to be void, invalid, illegal, or
unenforceable, such term or provision shall remain in force and effect to the extent
allowed by such ruling. All other terms and provisions of this MOU or their
application to specific situations shall remain in full force and effect. The Parties agree
to work in good faith to amend this MOU to carry out its intent.
g. Survival. All provisions which by their nature must continue after the MOU expires or
is terminated shall survive the MOU and remain in full force and effect.
h. Notices. All notices, requests, and approvals must be sent in writing to the persons
below, which will be considered effective on the date of personal delivery; or the date
confirmed by the reputable overnight delivery service; or on the fifth calendar day
after deposit in the United States Mail, postage prepaid; or the next business day
following submission by electronic mail:
To City of Cupertino
10185 North Stelling Road
Cupertino, CA 95014
Attention: Alex Greer
Contact Info: (408) 777-1379
Alexg@cupertino.org
To Cupertino TV Productions
21251 Stevens Creek Boulevard
Cupertino, CA 95014
Attention: Valerie Jeffery
Contact Info:
vajeffery@aol.com
IN WITNESS WHEREOF the Parties have executed this Memorandum of Understanding which shall
become effective upon the date of the execution of the MOU by all parties.
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
Cupertino TV Productions
By
Name
Title
Date
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
VAJeffery
VAJeffery
Celebration Chairman
Aug 23, 2023
Christopher D. Jensen
Rachelle Sander
Director of Parks and Recreation
Aug 29, 2023
Aug 29, 2023
CTVP and City MOU Final
Final Audit Report 2023-08-29
Created:2023-07-25
By:Kevin Khuu (KevinK@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAS9YYh6BW8jtlzWYX0kRiHzQxPJYnLPVp
"CTVP and City MOU Final" History
Document created by Kevin Khuu (KevinK@cupertino.org)
2023-07-25 - 7:21:01 PM GMT- IP address: 64.165.34.3
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-07-25 - 7:33:30 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-08-22 - 5:47:00 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to vajeffery@aol.com for signature
2023-08-22 - 5:47:01 PM GMT
Email viewed by vajeffery@aol.com
2023-08-22 - 6:41:24 PM GMT- IP address: 104.28.124.96
Signer vajeffery@aol.com entered name at signing as VAJeffery
2023-08-23 - 6:19:05 PM GMT- IP address: 97.84.69.231
Document e-signed by VAJeffery (vajeffery@aol.com)
Signature Date: 2023-08-23 - 6:19:07 PM GMT - Time Source: server- IP address: 97.84.69.231
Document emailed to christopherj@cupertino.org for signature
2023-08-23 - 6:19:09 PM GMT
Email viewed by christopherj@cupertino.org
2023-08-24 - 3:23:32 AM GMT- IP address: 104.28.123.88
Email viewed by christopherj@cupertino.org
2023-08-29 - 6:06:36 PM GMT- IP address: 104.47.73.254
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2023-08-29 - 6:07:46 PM GMT- IP address: 64.165.34.3
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-08-29 - 6:07:48 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature
2023-08-29 - 6:07:50 PM GMT
Email viewed by Rachelle Sander (rachelles@cupertino.org)
2023-08-29 - 6:08:47 PM GMT- IP address: 104.47.74.126
Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2023-08-29 - 6:15:57 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2023-08-29 - 6:15:58 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2023-08-29 - 7:51:57 PM GMT- IP address: 104.47.74.126
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2023-08-29 - 7:52:08 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2023-08-29 - 7:52:08 PM GMT