23-025 Earth and Arbor Day Festival-Sponsorship Agreement
SPONSORSHIP AGREEMENT
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Rev 3.21.22
The City of Cupertino is a municipal corporation and is hosting Earth & Arbor Day
Festival (the “Festival”) on or about April 22, 2023 for which City is accepting sponsorships.
First Solar is a corporation and desires to sponsor this event, program, or activity 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 First Solar, (“Sponsor”), a corporation, in connection with the Festival
being sponsored.
2. Term. This Agreement begins on April 22, 2023 and ends on the later of the date
of the Festival or April 22, 2023 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: Gang Xiong, PhD
Position: Director of CA Technology Center
Contact: Gang.Xiong@firstsolar.com
For City:
Name: Andre Duurvoort
Position: Sustainability Manager
Contact: AndreD@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
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Rev 3.21.22
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. 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:
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. If
a general aggregate limit applies, it must apply separately to this
project/event/location, or be twice the required occurrence limit.
SPONSORSHIP AGREEMENT
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Rev 3.21.22
☐ 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:
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
☐ 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)
☒ General liability insurance is not required if sponsor will have no physical
presence at the event.
ii. Automobile Liability: Insurance with limits no less than $1,000,000
per accident for bodily injury and property damage.
☐ Required if automobile is used to perform Sponsor activities.
☒ 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.
SPONSORSHIP AGREEMENT
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Rev 3.21.22
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.
SIGNATURES FOLLOW ON NEXT PAGE
SPONSORSHIP AGREEMENT
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Rev 3.21.22
IN WITNESS WHEREOF, the parties have caused this Sponsorship Agreement to be executed.
First Solar
Sponsor
By
Name
Title
Date
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Gang Xiong
Director
Apr 7, 2023
Christopher D. Jensen
Matt Morley
Assistant City Manager
Apr 10, 2023
Apr 10, 2023
RESOLUTION NO. 18-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ESTABLISHING A POLICY FOR ACCEPTING SPONSORSHIPS
WHEREAS, the City of Cupertino is empowered by state law to accept or reject any
donation, gift, bequest, or devise made to or for the City, consistent with California
Government Code section 37354; and
WHEREAS, the purpose of the sponsorship policy is to lessen the impacts on the City
funds for community events, provide opportunities for new revenue streams to support and
enhance services and programs, and to establish new partnerships with local businesses and
organizations; and
WHEREAS, the Cupertino City Council recognizes the numerous contributions made
by individuals and organizations to the City -both in cash, in kind or involvement in a
particular public event, program, or activity; furthermore the City Council wishes to encourage
this form of civic participation in city affairs and to have the opportunity to recognize sponsors
for their contributions to the wellbeing of the City and its residents; and
WHEREAS, the City Council desires to establish a City policy for sponsorships to ensure
consistency with the values and interests of the City and to make sure there is clarity to
potential sponsors, the general public, and city staff concerning the Council's goals and policies
respecting sponsorships; and
WHEREAS, this Resolution and Policy only apply to contributions made to the City of
Cupertino as a municipal corporation, and
WHEREAS, the Cupertino City Council finds and determines that the above recitals are
true and correct and material to the adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino
hereby adopts and approves the attached Sponsorship Policy as the official sponsorship policy
of the City of Cupertino.
PASS ED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 16 1h day of October, 2018, by the following vote:
CC Resolution No. 18-101
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Members of the City Council
AYES:
NOES:
Paul, Sinks, Chang, Vaidhyanathan
None
ABSENT: Scharf
ABSTAIN: None
ATTEST:
0}/M~it
Grace Schmidt, City Clerk
APPROVED:
~ ~-____...O_
( Dar;y Paul,~
City of Cupertino
2
CC Resolution No. 18-101
Pag e3
PURPOSE
CITY OF CUPERTINO
SPONSORSHIP POLICY
The purpose of the City's sponsorship policy is to maximize community resources, promote
public engagement in city affairs, and support the financial health of city departments.
Therefore the City wishes to create and enhance sponsorship relationships with businesses,
non-profit groups and individuals who desire to support city activities through sponsorship
opportunities. This policy sets guidelines and procedures regarding the qualifications,
responsibilities, and requirements for city staff and participating sponsors.
DEFINITIONS
Sponsorship: A financial or in-kind support such as cash, products, services, volunteer time,
or involvement from a private individual, entity or other source, for a specific program,
project, event or activity in return for benefits to the sponsor. Sponsorship may be offered
through various sponsorship packages.
Sponsorship Agreement: An agreement between City and Sponsor identifying the program,
project or activity being sponsored, the tangible or intangible benefits to the sponsor, and
other relevant terms and conditions agreed to by the Parties.
Sponsorship Benefits: Tangible or intangible benefits received by the sponsor such as
marketing opportunities for their products, name association/recognition, and other
allowable benefits as approved by City. This may include opportunities given to the sponsor
to have its name/logo appear on City property, printed material or verbal recognition in
public for a specified period of time, formalized in a sponsorship application or agreement.
SPONSORSHIP ELIGIBILITY
The following factors and guidelines must be used in determining the qualifications of a
sponsor:
1. The sponsors should be businesses, non-profits, or individuals promoting mutually
beneficial relationships with the City of Cupertino.
2. All sponsored programs should promote the goals and mission of the City of Cupertino
and must be consistent with City policies and regulations.
3. The products/ services are compatible with the mission and values of the City.
4. The sponsorship enhances the Department's priorities, programs and core services.
5. The sponsorship meets City design standards and does not degrade the experience of
users of city parks and recreation facilities (for sponsorships involving these city assets).
6. The sponsorship does not commit the department to additional operating and
maintenance responsibilities and costs greater than the value of the sponsorship.
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CC Resolution No. 18-101
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7. The sponsorship does not create a conflict of interest for the City.
8. The sponsorship is allowed by law and the sponsor complies with anti-discrimination
laws and does not discrimination based on race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, marital status, national origin, ancestry,
mental or physical disability, medical condition, age, pregnancy, denial of medical and
family care leave and pregnancy. Sponsorships that are generally not eligible for
participation include those whose primary objectives, products, or services consist of the
following:
a . Religious and political organizations.
b. Organizations in direct competition with City services or products.
c. Sponsorships which create a conflict of interest or the appearance of a conflict
of interest.
d. Products that are substantially derived from the sale of alcohol, drugs, tobacco,
gambling, firearms, or sexually explicit materials.
9. No advertising or sponsorship recognition will be allowed on City clothing unless the
clothing is designed for a specific event or program that has a specific time frame.
REQUIREMENTS FOR SPONSORS
Sponsors must comply with the following requirements:
1. Submit a sponsorship application or a sponsorship letter of interest to City.
2. Upon approval of the application, for sponsorships valued at more than $500, enter into a
sponsorship agreement with City, including a release and hold harmless clause.
3. Agree not to use, reproduce or distribute the City's logo, seal, or trademark without City's
written consent.
4. Obtain and maintain during the term of their agreement, all appropriate permits,
certificates and licenses, at his/her sole expense. For example, sponsors providing food
must obtain all necessary health permits.
CITY STAFF RESPONSIBILITIES
It is the responsibility of Department Heads, supervisors, and staff to follow this policy.
1. The City will have sole discretion in determining the value of non-monetary
sponsorships. Sponsorships providing volunteer time will be valued by applying the
minimum wage to the number of hours volunteered as part of the sponsorship.
2. For sponsorships of less than $500 in value, a sponsorship agreement is not required but
an application or letter documenting the sponsorship must be received with the approval
of the Department Head or his/her designee. For all other sponsorships, designated staff
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CC Re solution No. 18-101
Pag e5
from each department must use the City's standard sponsorship agreement with any
necessary modifications as determined by department supervisor/manager, consistent
with the guidelines set forth in this policy .
3. Department Heads may approve sponsorships and sign agreements for up to $1,500 that
conform to a sponsorship/benefit structure approved by the City Manager. The City
Manager is authorized to sign agreements up to $25,000. All other sponsorships valued
over $25,000 must be approved by the City Council. All sponsorships involving funds
must be reported to the Finance Department.
DISCLAIMERS
This policy, procedures and approval of any sponsorship agreement is subject to the
following disclaimers:
1. City retains full authority and control of its facilities, events, programs, or activities.
2. Apart from what is outlined in the sponsorship agreement, Sponsors will not receive any
other special considerations from the City.
3 . Acceptance of a sponsorship does not imply endorsement of any individual, entity,
company, organization, or product by the City.
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CUPERTINO SUSTAINABILITY DIVISION | 408-777-3262 | WWW.CUPERTINO.ORG
Page 1
CUPERTINO SPONSORSHIP APPLICATION
SPONSOR INFORMATION
Company: ______________________________________________________ Website: _________________________
Contact Name: _____________________________________ Email: _______________________________________
Address: _________________________________________________________________________________________
City: ______________________________State: _____ Zip: __________ Phone: ____________________________
Entity Type: Sole Proprietor Partnership Corporation (Type: ______________)
NonProfit: (Type: _____________) Trust Other: _________________
EVENT INFORMATION
Event Name: 2023 Earth & Arbor Day Festival Event Date(s): April 22, 2023
Event Description: Cupertino's Annual Earth & Arbor Day Festival is an interactive event that invites
community members of all ages to learn about environmental issues and solutions in a family-friendly,
interactive atmosphere. Consistently attracting thousands of attendees and 75 partner organizations, the
festival features hands-on activities, live educational demonstrations, and delicious food served by local food
trucks. This event usually takes place on a Saturday in April, near Earth Day.
SPONSORSHIP LEVELS AND BENEFITS
Sponsorship Levels (please check the box next to the sponsorship level)
Silver Level …….……………..............................................$450
Gold Level ….……………………………….……….…….$1,500
Emerald Level…..………….………...……….………...….$3,000
1.Silver Level Sponsorship Benefits
o Logo on Earth and Arbor Day sponsorship page with link to sponsors website
o Logo on Earth and Arbor Day printed flyer
o Company name and website listed on Facebook page event
o One booths space (10 feet x 10 feet) at the festival (including 1 table + 2 chairs). No tent or canopy
provided.
2.Gold Level Sponsorship Benefits (Sponsorship Agreement required, separate document)
o Logo on Earth and Arbor Day sponsorship page with link to sponsors website
o Logo on Earth and Arbor Day printed flyer
First Solar https://firstsolar.com/
Asia Kang asia.kang@firstsolar.com
1035 Walsh Ave
Santa Clara CA 95050 415-680-6834
C
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o Company name and website listed on Facebook page event
o Company featured in one social media promotion on Twitter, Facebook, and Instagram
o One booths space (10 feet x 10 feet) at the festival (including 1 table + 2 chairs). No tent or canopy
provided.
o Verbal recognition from event stage
3.Emerald Level Benefits (Sponsorship Agreement required, separate document)
o Logo on Cupertino.org/Earthday homepage
o Logo on Earth and Arbor Day sponsorship page with link to sponsors website
o Logo on Earth and Arbor Day printed flyer
o Logo displayed at information booth
o Company name and website listed on Facebook page event
o Company featured in one social media promotion on Twitter, Facebook, and Instagram
o Two booths space (20 feet x 10 feet total) at the festival premier location (2 tables + 4 chairs). No
tent or canopy provided.
o Verbal recognition from event stage
SPONSOR LOGO ON: EMERALD GOLD SILVER
Earth & Arbor Day Homepage
cupertino.org/EarthDay
Earth & Arbor Day Sponsor Page with link to
sponsor website
Earth & Arbor Day Festival Printed Flyer
Information Booth Signage
SOCIAL MEDIA BENEFITS EMERALD GOLD SILVER
Listed on Facebook Event Page
Featured in One (1) Post each: Facebook,
Instagram and Twitter
OTHER MARKETING BENEFITS EMERALD GOLD SILVER
Two booths, premier location (2 tables + 4
chairs). No tent or canopy provided.
Display Booth – 1 table + 2 chairs (10’x10’
space). No tent or canopy provided.
Recognition from the event stage
Page 3
PAYMENT INFORMATION
Check (Make Payable to: City of Cupertino) AMEX Discover Master Card Visa
CC #: ___________________________ CVC:___________ Expiration: ______/______ Amount: $___________
Cardholder Name:________________________________ Cardholder Signature:____________________________
TERMS AND CONDITIONS
1. The Sponsor has reviewed and agrees to be bound by those procedures, limitations, and restrictions
identified in the City's Sponsorship Policy.
2.All sponsorships valued at $500 or more must complete the required City of Cupertino Sponsorship
Agreement. (Separate Document)
3. The sponsor may not receive exclusive rights to benefits unless approved by the Department Head.
4.Sponsor agrees, to the fullest extent allowed by law, to indemnify, defend, and hold harmless the City,
and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of
action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees
and costs of litigation (“claims”), arising out of the Sponsorship or Sponsor’s performance of this
Application and/or Agreement, including the City’s active or passive negligence, except for such loss or
damage arising from the sole negligence or willful misconduct of the City. In the event the City
indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from this
Sponsorship or Sponsor’s performance of this agreement, Sponsor shall provide a defense to the City
indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including
reasonable legal counsels’ fees, incurred in defense of such claims. This duty extends to any claim for
violation of intellectual property rights, including but not limited to copyright or patent rights.
5. To the extent applicable, Sponsor is required to comply with the City’s event permitting requirements,
including the insurance requirements stated therein.
Name: ___________________________________________ Title: __________________________________________
Signature: __________________________________________________________ Date: ________________________
Asia Kang Administrative Assistant
3/22/2023
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CUPERTINO STAFF USE ONLY (FOR SPONSORSHIPS NOT REQUIRING A SPONSORSHIP AGREEMENT)
Status: Approved Denied
Reason for Denial:
Special Requirements:
Reviewed by:
Staff Name:_______________________________________________ Title:________________________________
Signature: ________________________________________________ Date: _______________________________
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Earth and Arbor Day Sponsorship
Application_First Solar_03.22.2023
Final Audit Report 2023-03-28
Created:2023-03-24
By:Victoria Morin (VictoriaM@Cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAbPjD93VLdZ-BAU89jf1dvpQ4lyq6wDr2
"Earth and Arbor Day Sponsorship Application_First Solar_03.22
.2023" History
Document created by Victoria Morin (VictoriaM@Cupertino.org)
2023-03-24 - 5:35:34 PM GMT- IP address: 73.162.243.102
Document emailed to Andre Duurvoort (AndreD@Cupertino.org) for signature
2023-03-24 - 5:37:51 PM GMT
Email viewed by Andre Duurvoort (AndreD@Cupertino.org)
2023-03-28 - 5:29:43 PM GMT- IP address: 104.47.74.126
Document e-signed by Andre Duurvoort (AndreD@Cupertino.org)
Signature Date: 2023-03-28 - 5:30:06 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2023-03-28 - 5:30:06 PM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.
Earth and Arbor Day Festival
Final Audit Report 2023-04-10
Created:2023-04-07
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAMsgnvNb38nSVa2zmgED5h9IEaGJcqwtA
"Earth and Arbor Day Festival" History
Document created by City of Cupertino (webmaster@cupertino.org)
2023-04-07 - 9:57:37 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-04-07 - 10:03:34 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-04-07 - 10:56:20 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to gang.xiong@firstsolar.com for signature
2023-04-07 - 10:56:22 PM GMT
Email viewed by gang.xiong@firstsolar.com
2023-04-07 - 10:56:56 PM GMT- IP address: 104.47.57.254
Signer gang.xiong@firstsolar.com entered name at signing as Gang Xiong
2023-04-08 - 1:59:00 AM GMT- IP address: 107.77.211.58
Document e-signed by Gang Xiong (gang.xiong@firstsolar.com)
Signature Date: 2023-04-08 - 1:59:02 AM GMT - Time Source: server- IP address: 107.77.211.58
Document emailed to christopherj@cupertino.org for signature
2023-04-08 - 1:59:04 AM GMT
Email viewed by christopherj@cupertino.org
2023-04-08 - 3:05:54 AM GMT- IP address: 104.28.123.96
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2023-04-08 - 3:06:23 AM GMT- IP address: 136.24.22.194
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-04-08 - 3:06:25 AM GMT - Time Source: server- IP address: 136.24.22.194
Document emailed to Matt Morley (mattm@cupertino.org) for signature
2023-04-08 - 3:06:26 AM GMT
Email viewed by Matt Morley (mattm@cupertino.org)
2023-04-10 - 2:10:54 PM GMT- IP address: 201.202.125.10
Document e-signed by Matt Morley (mattm@cupertino.org)
Signature Date: 2023-04-10 - 2:12:17 PM GMT - Time Source: server- IP address: 201.202.125.10
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2023-04-10 - 2:12:19 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2023-04-10 - 3:26:18 PM GMT- IP address: 104.47.74.126
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2023-04-10 - 3:26:29 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2023-04-10 - 3:26:29 PM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.