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24-039 Silicon Valley Clean Energy 2024 Earth Day Sponsorship SPONSORSHIP AGREEMENT Rev. 10.26.23 The City of Cupertino is a municipal corporation and is hosting Earth & Arbor Day Festival (the Festival) on or about April 20, 2024 for which City is accepting sponsorships. Silicon Valley Clean Energy is a non-profit 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”) Silicon Valley Clean Energy Authority (“Sponsor”), a non-profit, in connection with the Festival being sponsored. 2. Term. This Agreement begins on April 20, 2024 and ends on the later of the date of the Festival or April 20, 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: Juliette Pascual Position: Community Outreach Specialist Contact: juliette.pascual@svcleanenergy.org For City: Name: Ursula Syrova Position: Environmental Programs and Sustainability Manager Contact: ursulas@cupertino.gov, 408-777-7603 SPONSORSHIP AGREEMENT Rev. 10.26.23 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. 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 SPONSORSHIP AGREEMENT Rev. 10.26.23 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 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. SPONSORSHIP AGREEMENT Rev. 10.26.23 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_______________________ Pamela Leonard Deputy Director of Marketing & Communications Apr 16, 2024 Christopher D. Jensen Pamela Wu Pamela Wu City Manager Apr 16, 2024 Apr 16, 2024 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. 5 408-777-3262 | CUPERTINO.ORG/GREEN Page 1 EARTH AND ARBOR DAY FESTIVAL 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: 2024 Earth & Arbor Day Festival Event Date(s): April 20, 2024 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 100 partner organizations, the festival features hands-on activities, live educational demonstrations, and food. 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 svcleanenergy.org Juliette Pascual juliette.pascual@svcleanenergy.org 333 W El Camino Real #330 Sunnyvale CA 94087 (844) 474-7823 4 Joint Powers Authority n 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) Credit Card Invoice Request 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: ________________________ Digitally signed by Pamela Leonard DN: O=Silicon Valley Clean Energy, CN=Pamela Leonard, E=pamela.leonard@ svcleanenergy.org Reason: I am approving this document Location: Date: 2024.03.18 16:12:17-07'00' Foxit PDF Editor Version: 2023.3.0 Pamela Leonard Pamela Leonard Deputy Director of Marketing and Communications 03/18/2024 4 Page 4 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: _______________________________ 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. 3/21/2024 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 1873716409 C X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X Y CIP448537001 10/31/2023 10/31/2024 Excluded BI/PD Deductible 500 A 1,000,000 X XX Y 06244588-6 6/27/2023 6/27/2024 D Y WZF-H111146-04 11/21/2023 11/21/2024 X 1,000,000 1,000,000 1,000,000 B E Cyber Liability Crime 1st &3rd Party Crime C-4LPT-154564-CYBER2023A UC24012520.23 8/20/2023 12/20/2023 8/20/2024 10/31/2024 Limit:2,000,000 Limit:500,000 Ded:250,000 Ded:5,000 The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are named as additional insured per written contract. City of Cupertino 10300 Torre Avenue Cupertino CA 95014 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS,LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Person(s)Or Organization(s):Location(s)of Covered Operations ANY PERSON OR ORGANIZATION AS REQUIRED BY WRITTEN CONTRACT WITH THE NSURED. A.SECTION II -WHO IS AN INSURED is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such a person or organization be added as an additional insured on your policy.Such person or organization is an additional insured only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"caused,in whole or in part,by: 1.Your acts or omissions;or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. A personfe or organizations status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B.With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability "Bodily injury"or "property damage"for which the "additional insured(s)"are obligated to pay damages by reason of the assumption of liability in a contract or agreement. Finished Operations or Work "Bodily injury"or "property damage"occurring after: (1)All work,including materials,parts or equipment furnished in connection with such work,on the project (other than service,maintenance or repairs)to be performed by or on behalf ofthe additional insured(s)at the location ofthe covered operations has been completed;or (2)That portion of "your work"out of which the injury or damage arises has been put to its intended use by any person or organization. Negligence of Additional Insured "Bodily injury"or"property damage"directly caused by or resulting from the negligence of the "additional insured(s)". ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED This endorsement is effective on the inception date ofthe policy unless otherwise stated below. (The information below is required only when this endorsement is issued subsequent to preparation ofthe policy). Policy Number:CIP448537001 Named Insured:SILICON VALLEY CLEAN ENERGY AUTHORITY Endorsement Effective date: AF 000 859 07/2012 Included copyrighted m aterial of ISO Properties,INC. with its perm ission Page 1 of 1 004664 WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 April 11, 2024 City of Cupertino 10300 TORRE AVE CUPERTINO CA 95014-3202 Account Information: Policy Holder Details :Neal Turley DBA Bliss Point Productions LL Contact Us Need Help? Chat online or call us at (866) 467-8730. We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder.Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/11/2024 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 SUBROGATIONIS 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 PECK PARTNERS INSURANCE AGENCY/PHS 57141147 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT NAME: PHONE (A/C, No, Ext): (866) 467-8730 FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED Neal Turley DBA Bliss Point Productions LL 124A EDELEN AVE LOS GATOS CA 95030-6027 INSURER A : Sentinel Insurance Company Ltd.11000 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY)LIMITS A COMMERCIAL GENERAL LIABILITY X X 57 SBA BN5725 05/17/2023 05/17/2024 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence)$1,000,000 X General Liability MED EXP (Any one person)$10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $4,000,000 POLICY PRO- JECT X LOC PRODUCTS - COMP/OP AGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY 57 SBA BN5725 05/17/2023 05/17/2024 COMBINED SINGLE LIMIT (Ea accident)$2,000,000 ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION City of Cupertino 10300 TORRE AVE CUPERTINO CA 95014-3202 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD ACORD 101 (2014/01)© 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC# : ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY PECK PARTNERS INSURANCE AGENCY/PHS NAMED INSURED NEAL TURLEY DBA BLISS POINT PRODUCTIONS LL 124A EDELEN AVE LOS GATOS CA 95030-6027 POLICY NUMBER SEE ACORD 25 CARRIER SEE ACORD 25 NAIC CODE EFFECTIVE DATE:SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER:ACORD 25 FORM TITLE:CERTIFICATE OF LIABILITY INSURANCE Coverage is primary and noncontributory per the Business Liability Coverage Form SS0008, attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per the Business Liability Coverage Form SS0008, attached to this policy. The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are additional insured per the Business Liability Coverage Form SS0008, attached to this policy. SVCE 2024 Earth Day Sponsorship Final Audit Report 2024-04-16 Created:2024-04-16 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAIfPH7D-skq9hw3BqwsOAit6eOsa2fWZm "SVCE 2024 Earth Day Sponsorship" History Document digitally presigned by Pamela Leonard (pamela.leonard@svcleanenergy.org) 2024-03-18 - 11:12:17 PM GMT- IP address: 174.85.102.16 Document created by Webmaster Admin (webmaster@cupertino.org) 2024-04-16 - 2:25:00 AM GMT- IP address: 35.229.54.2 Document emailed to Jindy Gonzalez (jindyg@cupertino.org) for approval 2024-04-16 - 2:27:56 AM GMT Email viewed by Jindy Gonzalez (jindyg@cupertino.org) 2024-04-16 - 2:29:16 AM GMT- IP address: 104.47.73.126 Document approved by Jindy Gonzalez (jindyg@cupertino.org) Approval Date: 2024-04-16 - 2:29:38 AM GMT - Time Source: server- IP address: 174.85.102.16 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-04-16 - 2:29:40 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-04-16 - 2:46:32 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to Juliette Pascual (juliette.pascual@svcleanenergy.org) for signature 2024-04-16 - 2:46:35 PM GMT Email viewed by Juliette Pascual (juliette.pascual@svcleanenergy.org) 2024-04-16 - 3:31:56 PM GMT- IP address: 54.151.1.118 Webmaster Admin (webmaster@cupertino.org) replaced signer Juliette Pascual (juliette.pascual@svcleanenergy.org) with Pamela Leonard (Pamela.Leonard@svcleanenergy.org) 2024-04-16 - 3:58:05 PM GMT- IP address: 174.85.102.16 Document emailed to Pamela Leonard (Pamela.Leonard@svcleanenergy.org) for signature 2024-04-16 - 3:58:05 PM GMT Email viewed by Pamela Leonard (Pamela.Leonard@svcleanenergy.org) 2024-04-16 - 4:46:56 PM GMT- IP address: 54.241.125.144 Document e-signed by Pamela Leonard (Pamela.Leonard@svcleanenergy.org) Signature Date: 2024-04-16 - 4:48:43 PM GMT - Time Source: server- IP address: 107.77.213.31 Document emailed to christopherj@cupertino.org for signature 2024-04-16 - 4:48:44 PM GMT Email viewed by christopherj@cupertino.org 2024-04-16 - 4:52:12 PM GMT- IP address: 104.47.74.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2024-04-16 - 4:53:18 PM GMT- IP address: 64.165.34.3 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-04-16 - 4:53:20 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2024-04-16 - 4:53:22 PM GMT Webmaster Admin (webmaster@cupertino.org) replaced signer Chad Mosley (chadm@cupertino.org) with pamelaw@cupertino.gov 2024-04-16 - 5:11:03 PM GMT- IP address: 174.85.102.16 Document emailed to pamelaw@cupertino.gov for signature 2024-04-16 - 5:11:04 PM GMT Email viewed by pamelaw@cupertino.gov 2024-04-16 - 5:57:55 PM GMT- IP address: 104.47.73.254 Signer pamelaw@cupertino.gov entered name at signing as Pamela Wu 2024-04-16 - 5:58:44 PM GMT- IP address: 64.165.34.3 Document e-signed by Pamela Wu (pamelaw@cupertino.gov) Signature Date: 2024-04-16 - 5:58:48 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-04-16 - 5:58:49 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-04-16 - 6:43:57 PM GMT- IP address: 104.47.73.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2024-04-16 - 7:05:47 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2024-04-16 - 7:05:47 PM GMT