19-051 Event Marketing Strategies on Behalf of Bye Bye Mattress, Sponsorship Agreement, Earth & Arbor Day FestivalCITY OF El SPONSORSHIP AGREEMENT
CUPERTINO
The City of Cupertino is a municipal corporation and is hosting Earth Day & Arbor Day
Festival on or about April 13, 2019 for which City is accepting sponsorships.
Bye Bye Mattress, a nonprofit 501 (c )3 organization desires to sponsor this festival 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 Event Marketing Strategies on behalf of Bye Bye Mattress, 580 N.
Fourth Street, Ste 230 Columbus, Ohio 43215 ("Sponsor"), a non-profit 501(c)3 in connection
with festival being sponsored.
2.Term. This Agreement begins on March 1, 2019 and ends after the close of the
event on April 13, 2019 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"). All logo usage must be approved in advance by sponsor.
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 City:
Name: Misty Mersich
Position: Sustainability Manager
Contact: mistym@cupertino.org, 408-777-3362
For Sponsor:
Name: Lillian J Stropki
Position: Account Manager
Contact: lstropki@eventmarketi.ngstrateg:ies.com
614-361-5325 (m) or 614-792-5600 ext. 301 (o)
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.
RF 1.24.19
CITY OF a SPONSORSHIP AGREEMENT
CUPERTINO 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. All logo usage must be approved in advance by sponsor.
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 announce ments, 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.
RF 1.24.19
a.Sponsor may be required to provide proof of insurance, including an insurance
certificate and any amendatory endorsements effecting coverage required by
this Sponsorship Agreement. If required, all insurance certificates and
endorsements are to be received and approved by City prior to sponsored
event. Depending on the nature of the sponsorship, the following insurance
requirements may apply:
z.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. If
a general aggregate limit applies, it must apply separately to this
project/event/location, or be twice the required occurrence limit.
IZI General liability insurance is required if sponsor will have a physical
presence at the event or program ( e.g., booth or table) and one or more of the
following applies:
CITY OF a
CUPERTINO
SPONSORSHIP AGREEMENT
1.Sponsor engages in any physical demonstration/presentation (other
than providing verbal and/or paper information)
2.Sponsor requests or allows any form of physical participation by the
public (other than receiving verbal and/or paper information)
3.Sponsor sells or gives away any product, including food or drinks of
any kind
D Notwithstanding the prior section, 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
2.Giving away small, low-value items (e.g., key chains, pens)
D General liability insurance is not required if sponsor will have no physical
presence at the event.
ll. Automobile Liability: Insurance with limits no less than $1,000,000 per
accident for bodily injury and property damage.
D Required if automobile is used to pe1form Sponsor activities.
IZI Not required if sponsor will not be using a vehicle for any purpose related
to the sponsorship.
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.
RF 1.24.19
CITY OF rm SPONSORSHIP AGREEMENT
c�0Governing 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.
IN WITNESS WHEREOF, the parties have caused this Sponsorship Agreement to be executed.
Name \1aggie L. Ellison
Title Vice President
Date 3/14/19
Tax I.D. No.: 46-4208045
APPROVED AS TO FORM:
1�q;\,v�
HEATHER MINNER
City Attorney
ATTEST:
RF 1.24.19
CITY OF CUPERTINO
A Municipal Corporation
B�----
Name Timm Borden
Title Interim c; Manager
Date�[UJ(r
Araceli Alejandre
From:
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Araceli Alejandre
Tuesday, April 09, 2019 4:42 PM
'Laura D. Beaton'
FW: Sponsorship Agreement Review, [Received during week of 03.25-03.29] -Earth Day
and Arbor Day, Bye Bye Mattress
Sponsorship Agreement, Bye Bye Mattress.pdf
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Hi Laura, I have not yet received the Endorsements from the sponsor, the event is this Saturday. I will be out of the
office Wednesday -Friday, and I asked Mlst¥/-Kirsten to forward the Endorsements directly to Heather for her review
and signature of the Sponsorship agreement upon clearance from you.
Since this one is time-sensitive, and I will be out of the office, please get back to Heather directly.
Thanks!
-Araceli
Araceli Alejandre
Legal Services Manager
City Attorney's Office
AraceliA@cupertino.org
( 408)777 -3403
CUPERTINO @()000@0
From: Araceli Alejandre
Sent: Tuesday, April 09, 2019 11:38 AM
To: 'Laura D. Beaton' <Beaton@smwlaw.com>
Subject: RE: Sponsorship Agreement Review, [Received during week of 03.25-03.29] -Earth Day and Arbor Day, Bye Bye
Mattress
The certificate of insurance has been attached to the Sponsorship Agreement, we are currently waiting for the Sponsor
to submit the Endorsements. I am hoping today, as I am out of the office starting tomorrow. The event is for this
Saturday.
1
ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY)
� 03/21/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT NAME:
TODD M BERRY PHONE I rffc Nol: 'Air Nn Cvt\,
2000 W. HENDERSON RD E-MAIL ADDRESS:
STE 470 INSURERISl AFFORDING COVERAGE NAIC#
COLUMBUS OH 43220-2453 INSURER A: NATIONWIDE MUTUAL INSURANCE CO MPANY 23787 INSURED INSURER B: NATIONWIDE PROPERTY AND CASUALTY INSUF 37877
INSURER C:
EVENT MARKETING STRATEGIES INSURER D:
580 N. FOURTH ST. #230 INSURER E:
COLUMBUS OH 43215-2116 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER·
THIS IS TO CERTIFY THAT THE POLICIES OF INSURA NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR
B
A
B
TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY -D CLAIMS-MADE [gJ OCCUR
-
-GEN'L AGGREGATE LIMIT APPLIES PER: =i D PRO-POLICY JECT
OTHER:
AUTOMOBILE LIABILITY -ANY AUTO
[gJ LOG
-ALL OWNED X SCHEDULEDAUTOS _ AUTOS -X X NON-OWNED HIRED AUTOS AUTOS X HA PHYSIC/
UMBRELLA LtAB H OCCUR -
EXCESS LIAS CLAIMS-MADE
DED I I RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE � OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below
ADDL SUBR POLICY EFF POLICY EXP ""�n 'W\/n POLICY NUMBER IMMIDD/YYYYl IMM/DD/YYYYl LIMITS
EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES !Ea occurrence\ $ 300,000
MED EXP (Any one person) $ 5,000
X ACP BPOK 5712768269 09/20/2018 09/20/2019 PERSONAL & ADV INJURY $ 2,000,000
GENERAL AGGREGATE $ 4,000,000
PRODUCTS -COMP/OP AGG $ 4,000,000
$ COMBINED SINGLE LIMIT $ 1,000,000 !Ea accident\ BODILY INJURY (Per person) $
ACP BA 5712768269 09/20/2018 09/20/2019 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ !Per accident\
$
EACH OCCURRENCE $
AGGREGATE $
$ I �ftuTE IX I ��H-
N/A ACP BPOK 5712768269 09/20/2018 09/20/2019 E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE -EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EARTH & ARBOR DAY FESTIVAL, CITY OF CUPERTINO, EVENT MARKETING STRATEGIES AND BYE BYE MATTRESS ARE TO BE LISTED AS ADDITIONAL INSURED.
CERTIFICATE HOLDER
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO
ACORD 25 (2014/01)
CA 95014-3202
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
TODD BERRY
The ACORD name and logo are registered marks of ACORD