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23-026 SVCE 2023 Earth and Arbor Day Festival-Sponsorship Agreement SPONSORSHIP AGREEMENT 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. Silicon Valley Clean Energy is a corporation and 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 Silicon Valley Clean Energy, 333 El Camino Real, #330, Sunnyvale, CA 94087 (“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: Adam Selvin Position: Director of Energy Services & Community Relations Contact: adam.selvin@svcleanenergy.org For City: Name: Andre Duurvoort Position: Sustainability Manager Contact: andred@cupertino.org, 408-777-3362 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. 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. ☒ 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: SPONSORSHIP AGREEMENT Rev. 3.21.22 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. 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. SPONSORSHIP AGREEMENT Rev. 3.21.22 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. IN WITNESS WHEREOF, the parties have caused this Sponsorship Agreement to be executed. Sponsor SILICON VALLEY CLEAN ENERGY By ________________________ Name______________________ Title ______________________ Date_______________________ CITY OF CUPERTINO A Municipal Corporation By ________________________ Name______________________ Title ______________________ Date_______________________ APPROVED AS TO FORM: CHRISTOPHER D. JENSEN City Attorney ATTEST: ______________________________ KIRSTEN SQUARCIA City Clerk Date_______________________ Adam Selvin Director of Energy Services and Community Relations Apr 10, 2023 Christopher D. Jensen Matt Morley Assistant City Manager Apr 11, 2023 Apr 11, 2023 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11/18/2022 Integra Insurance Services,Inc. P.O.Box 1138 Los Gatos CA 95031-1138 Alicia Rosas 408-335-1201 408-354-3454 arosas@integra-insurance.com United Financial Casualty SILI-13 North American Capacity Insurance Company 25038SiliconValleyCleanEnergyAuthority 333 W.El Camino Real,Ste 330 Sunnyvale CA 94087 Atain Specialty Insurance 17159 Massachusetts Bay Ins Co. Hiscox 1711142195 C X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X Y CIP448537 10/31/2022 10/31/2023 Excluded BI/PD Deductible 500 A 1,000,000 X XX 06244588-5 6/27/2022 6/27/2023 D WDF-H111146-03 11/21/2022 11/21/2023 X 1,000,000 1,000,000 1,000,000 B E Cyber Liability Crime 1st &3rd Party Crime C-4LPT-154564-CYBER-2021 UC24012520.21 12/20/2021 12/20/2021 2/20/2023 12/20/2022 Limit:2,000,000 Limit:500,000 Ded:50,000 Ded:5,000 The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers City of Cupertino 10350 Torre Avenue Cupertino CA 95014 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 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. 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 have ADDITIONAL INSURED provisions or 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD BLISS-1 OP ID: AS 02/21/2023 David Peck Peck & Peck Insurance Brokers 1724 Laurel Street Suite 225 San Carlos, CA 94070 David Peck 650-592-5591 650-592-0404 Hartford Casualty Ins. Co. Bliss Point Productions LLCNeal Turley2277 Jerrold AveSan Francsico, CA 94124 A X 2,000,000 X X 57SBABN5725 05/17/2022 05/17/2023 1,000,000 10,000 2,000,000 4,000,000 X 4,000,000 1,000,000A 57SBABN5725 05/17/2022 05/17/2023 XX A 57SBABN5725 05/17/2022 05/17/2023 25,000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as Additional Insured to the above reference policy. BLANK-1 City of Cupertino 10300 Torre Ave Cupertino, CA 95014 650-592-5591 29424 Property Coverage February 28, 2023 INSURED: Bliss Point Productions LLC POLICY #: 57SBABN5725 TERM: 05/17/22 - 05/17/23 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: ‐ The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers” as Additional Insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person of organization shown in the Schedule, but only respect to liability arising out of your work for that insured by or for you. Such Insurance as if afforded by the General Liability policy is primary insurance and no other Insurance of the Additional Insured will be called upon to a contribute to a loss. CG2010 (3-97) CL897 (3-97) 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 Page2 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. 3 CC Resolution No. 18-101 Page4 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 4 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. 5 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 Silicon Valley Clean Energy https://svcleanenergy.org/ Juliette Pascual juliette.pascual@svcleanenergy.org 333 W El Camino Real #330, Sunnyvale, CA 94087 Sunnyvale CA 95113 1-844-474-7823 4 Not-for-profit public agency 4 Page 2 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: ________________________ Adam Selvin Director of Energy Services and Community Relations 02/14/2023 Page 4 CUPERTINO STAFF USE ONLY (FOR SPONSORSHIPS NOT REQUIRING A SPONSORSHIP AGREEMENT) Approved Denied Status: X Reason for Denial: Special Requirements: Reviewed by: Staff Name: Andre Duurvoort Title: Sustainability Manager Signature: ________________________________________________ Date: _______________________________ 4 Attachment B SVCE Earth Day Festival Sponsorship Application 2023 signed Final Audit Report 2023-03-28 Created:2023-03-24 By:Victoria Morin (VictoriaM@Cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAPDuKQQ3OKpn4oY9xenQjpAgV92Kk3bej "Attachment B SVCE Earth Day Festival Sponsorship Applicatio n 2023 signed" History Document created by Victoria Morin (VictoriaM@Cupertino.org) 2023-03-24 - 5:05:59 PM GMT- IP address: 73.162.243.102 Document emailed to Andre Duurvoort (AndreD@Cupertino.org) for signature 2023-03-24 - 5:09:23 PM GMT Email viewed by Andre Duurvoort (AndreD@Cupertino.org) 2023-03-28 - 5:27:28 PM GMT- IP address: 104.47.73.254 Document e-signed by Andre Duurvoort (AndreD@Cupertino.org) Signature Date: 2023-03-28 - 5:28:10 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2023-03-28 - 5:28:10 PM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted. SVCE 2023 Earth Day Sponsorship - Emerald Level Final Audit Report 2023-04-11 Created:2023-04-04 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAADdbeQqzIZKQEc6OLI2veeKXAIBNkPcOZ "SVCE 2023 Earth Day Sponsorship - Emerald Level" History Document created by City of Cupertino (webmaster@cupertino.org) 2023-04-04 - 1:20:55 AM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2023-04-04 - 1:23:00 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2023-04-04 - 2:37:10 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to adam.selvin@svcleanenergy.org for signature 2023-04-04 - 2:37:11 PM GMT Email viewed by adam.selvin@svcleanenergy.org 2023-04-04 - 2:37:33 PM GMT- IP address: 13.57.238.31 Signer adam.selvin@svcleanenergy.org entered name at signing as Adam Selvin 2023-04-10 - 8:02:54 PM GMT- IP address: 50.220.112.98 Document e-signed by Adam Selvin (adam.selvin@svcleanenergy.org) Signature Date: 2023-04-10 - 8:02:56 PM GMT - Time Source: server- IP address: 50.220.112.98 Document emailed to christopherj@cupertino.org for signature 2023-04-10 - 8:02:58 PM GMT Email viewed by christopherj@cupertino.org 2023-04-10 - 8:03:29 PM GMT- IP address: 104.47.73.254 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2023-04-10 - 8:03:45 PM GMT- IP address: 136.24.22.194 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2023-04-10 - 8:03:47 PM GMT - Time Source: server- IP address: 136.24.22.194 Document emailed to Matt Morley (mattm@cupertino.org) for signature 2023-04-10 - 8:03:49 PM GMT Email viewed by Matt Morley (mattm@cupertino.org) 2023-04-11 - 2:02:44 PM GMT- IP address: 64.165.34.3 Document e-signed by Matt Morley (mattm@cupertino.org) Signature Date: 2023-04-11 - 2:03:24 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2023-04-11 - 2:03:26 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2023-04-11 - 3:40:42 PM GMT- IP address: 104.47.74.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2023-04-11 - 3:40:52 PM GMT - Time Source: server- IP address: 67.188.176.248 Agreement completed. 2023-04-11 - 3:40:52 PM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.