24-097 Oakmont of Silver Creek Sponsorship Agreement for Senior Center Open House
SPONSORSHIP AGREEMENT
Rev. 10.26.23
The City of Cupertino is a municipal corporation and is hosting the Senior Center Open
House on or about August 23, 2024 for which City is accepting sponsorships.
Oakmont of Silver Creek is a(n) Limited Liability Company and desires to sponsor this
Senior Center Open House in accordance with City’s sponsorship policy and the sponsorship
application.
Therefore, City and Sponsor enter into this Sponsorship Agreement as follows:
1. This Sponsorship Agreement is between the City of Cupertino, a municipal
corporation (“City”), and Oakmont of Silver Creek, 3544 San Felipe Rd, San Jose, CA 95135
(“Sponsor”), a (n) Limited Liability Company, in connection with Senior Center Open House
being sponsored.
2. Term. This Agreement begins on August 23, 2024 and ends on August 23, 2024
unless extended or terminated in writing.
3. Sponsorship Policy. Sponsor has read the City’s sponsorship policy and agrees to
comply with the policy. The policy is attached as Attachment A and incorporated herein by
reference.
4. Sponsorship Application. City requires Sponsor to submit a sponsorship
application. Sponsor has submitted said application and agrees to its requirements. City has
approved the application which is included as Attachment B and incorporated herein by
reference. Per the Sponsorship Application, Sponsor understands it may not receive exclusive
rights to benefits unless approved by the relevant City Department Head or his/her designee
(“Department Head”).
5. Coordinators and Primary Contacts. The Parties designate the following persons
as Coordinators and Primary Contacts for this Sponsorship Agreement. Sponsor’s designation
and any substitution are subject to City approval.
For Sponsor:
Name: Haydee Tuzon
Position: Marketing Director
Contact: htuzon@oakmontmg.com
For City:
Name: Alex Greer
Position: Recreation Manager
Contact: alexg@cupertino.org
6. Marketing. In accordance with the Sponsorship Policy, Sponsor may not use City's
logo in any way without the written permission of the Department Head and approval from the
City’s Public Information Officer. If permission is granted, all materials must be reviewed and
approved in writing by the Department Head.
SPONSORSHIP AGREEMENT
Rev. 10.26.23
Sponsor will provide its logo within 30 days prior to the event(s) in AI, EPS, PDF
or High-Resolution JPEG format. It is understood and agreed that City has permission to use
Sponsor's logo on printed material and other marketing materials related to the events and
programs being sponsored.
Any publicity generated by Sponsor related to the sponsored event must reference
the City. The words “City of Cupertino” shall be displayed in all pieces of publicity, including
flyers, press releases, posters, brochures, public service announcements, interviews and
newspaper articles. No signs may be posted, exhibited or displayed on or about City property,
except signage required by law or under this Sponsorship Agreement without prior written
approval from City.
7. Display Booth. If the sponsorship involves a display booth, Sponsor authorizes
City to inspect Sponsor's display booth at any time prior to or during an event. Restrictions on
items Sponsor may distribute at an event will be provided prior to the event. Sponsor may
distribute only their own organization's materials and may not distribute materials for any other
organization. Any request to share or give the booth to another organization must be approved
in writing by the Department Head prior to the event.
8. Indemnification. Sponsor agrees to indemnify and hold harmless the City and its
officers, officials, employees, agents and volunteers against any and all suits, claims, damages,
liabilities, costs and expenses, including attorney fees, arising out of this Agreement, caused by
or related to the negligence, recklessness, or willful misconduct of Sponsor, its employees,
subcontractors, or agents. This includes any claim or liability for copyright infringement, patent
rights, or violation of intellectual property rights.
9. Insurance Requirements and Waivers.
a. Sponsors with a physical presence in the form of a demonstration or a booth
at the event shall comply with the insurance requirements set forth in this
Section 9. Insurance certificates and endorsements evidencing the type,
amount, and dates of coverage are to be received and approved by City prior
to the sponsored event.
i. Commercial General Liability: Insurance covering on an
“occurrence” basis, including property damage, bodily injury and
personal & advertising injury with limits no less than $1,000,000 per
occurrence. General liability insurance is not required if sponsor will have a
physical presence at the event or program (e.g., booth or table) but limits its
activities to one or more of the following:
1. Providing information verbally and/or on paper
SPONSORSHIP AGREEMENT
Rev. 10.26.23
2. Giving away small, low-value items (e.g., key chains, pens)
ii. Automobile Liability: Insurance with limits no less than $1,000,000
per accident for bodily injury and property damage is required if
automobile is used to perform Sponsor activities.
b. All Sponsor participants that will have a physical presence at the event are
required to sign a liability waiver.
10. Ownership of Materials. To the extent Sponsor prepares written material,
drawings or data in connection with this Sponsorship Agreement, City, will have property rights
to those materials unless otherwise agreed to by the Parties.
11. Cancellation of Events or Program. City retains full control over the program,
event or service covered by this Agreement. City reserves the right to cancel the program or event
at any time. If the event is cancelled, City will endeavor to notify Sponsor prior to the event. City
will issue a refund (either pro-rated based on benefits or a full refund).
12. Endorsements. By entering into this Sponsorship Agreement, City is in no way
endorsing Sponsor's organization, products, services or employees.
13. Assignment. This Sponsorship Agreement is not assignable. Sponsor may not
substitute another or transfer any rights or obligations under this Agreement.
14. Termination. City may terminate this Agreement immediately, with or without
cause, upon written notice to Sponsor.
15. Governing Law, Venue and Dispute Resolution. This Agreement is governed by
the laws of the State of California. The venue for a legal action or proceeding is the Santa Clara
Superior Court, County of Santa Clara, State of California. This Agreement is subject to the
Government Claims Act. The Parties may seek mediation to resolve disputes arising under this
Agreement. If the Parties elect arbitration, the arbitrator’s award must be supported by law and
substantial evidence and include detailed written findings of law and fact. In accordance with the
law, the prevailing party may seek and be entitled to reasonable attorney fees and costs. This
Section survives this Sponsorship Agreement.
16. Third Party Beneficiaries. There are no third-party beneficiaries under this
Agreement.
17. Execution. By signing this Agreement, Sponsor warrants and represents it has the
right, power, and authority to enter into this Agreement and be bound by its terms.
SPONSORSHIP AGREEMENT
Rev. 10.26.23
IN WITNESS WHEREOF, the parties have caused this Sponsorship Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
SPONSOR
Oakmont of Silver Creek
By
Name
Title
Date
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Haydee Tuzon
Haydee Tuzon
Marketing Director
Aug 5, 2024
Christopher D. Jensen
Rachelle Sander
Director of Parks and Recreation
Aug 5, 2024
Aug 5, 2024
Senior Center Open House
Final Audit Report 2024-08-05
Created:2024-08-05
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAQY3RKsWOH6CVSahk8RSe1-5ofBv4C9ls
"Senior Center Open House" History
Document created by Webmaster Admin (webmaster@cupertino.org)
2024-08-05 - 8:54:51 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2024-08-05 - 8:56:52 PM GMT
Email viewed by Araceli Alejandre (aracelia@cupertino.org)
2024-08-05 - 8:57:26 PM GMT- IP address: 52.202.236.132
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2024-08-05 - 10:16:27 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to htuzon@oakmontmg.com for signature
2024-08-05 - 10:16:29 PM GMT
Email viewed by htuzon@oakmontmg.com
2024-08-05 - 10:17:12 PM GMT- IP address: 173.164.174.89
Signer htuzon@oakmontmg.com entered name at signing as Haydee Tuzon
2024-08-05 - 10:20:38 PM GMT- IP address: 173.164.174.89
Document e-signed by Haydee Tuzon (htuzon@oakmontmg.com)
Signature Date: 2024-08-05 - 10:20:40 PM GMT - Time Source: server- IP address: 173.164.174.89
Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature
2024-08-05 - 10:20:42 PM GMT
Email viewed by Christopher Jensen (christopherj@cupertino.org)
2024-08-05 - 10:21:01 PM GMT- IP address: 52.202.236.132
Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen
2024-08-05 - 10:22:32 PM GMT- IP address: 136.24.22.194
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-08-05 - 10:22:34 PM GMT - Time Source: server- IP address: 136.24.22.194
Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature
2024-08-05 - 10:22:36 PM GMT
Email viewed by Rachelle Sander (rachelles@cupertino.org)
2024-08-05 - 10:22:50 PM GMT- IP address: 3.232.50.116
Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2024-08-05 - 10:28:23 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2024-08-05 - 10:28:25 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2024-08-05 - 10:28:33 PM GMT- IP address: 52.202.236.132
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2024-08-05 - 11:00:12 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2024-08-05 - 11:00:12 PM GMT