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Home My WebLink About26-026 Sponsorship Agreement for Kalos Health for Big Bunny 5K & 4th of July SPONSORSHIP AGREEMENT Rev. 3.19.25 The City of Cupertino, a municipal corporation, is hosting Cupertino Events – Big Bunny 5K and 4th of July- on March 7, 2026, and July 4, 2026, for which City is accepting sponsorships. Kalos Health desires to sponsor these Cupertino Events - Big Bunny 5K and 4th of July - 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 Kalos Health, 1875 S Bascom Ave, Campbell, CA 95008 (“Sponsor”), a (n) Corporation, in connection with Cupertino Events - Big Bunny 5K and 4th of July - being sponsored. 2. Term. This Agreement begins on March 07, 2026, and ends on July 04, 2026, 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: Jennifer Walle Position: Marketing & Sales Coordinator Contact: Jennifer@livekalos.com For City: Name: Christina Lopez Position: Recreation Coordinator Contact: christinal@cupertino.gov 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. 3.19.25 Sponsor will provide its logo within 30 days prior to the event(s) in AI, EPS, PDF or High-Resolution JPEG format. It is understood and agreed that City has permission to use Sponsor's logo on printed material and other marketing materials related to the events and programs being sponsored. Any publicity generated by Sponsor related to the sponsored event must reference the City. The words “City of Cupertino” shall be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or under this Sponsorship Agreement without prior written approval from City. 7. Display Booth. If the sponsorship involves a display booth, Sponsor authorizes City to inspect Sponsor's display booth at any time prior to or during an event. Restrictions on items Sponsor may distribute at an event will be provided prior to the event. Sponsor may distribute only their own organization's materials and may not distribute materials for any other organization. Any request to share or give the booth to another organization must be approved in writing by the Department Head prior to the event. 8. Indemnification. Sponsor agrees to indemnify and hold harmless the City and its officers, officials, employees, agents and volunteers against any and all suits, claims, damages, liabilities, costs and expenses, including attorney fees, arising out of this Agreement, caused by or related to the negligence, recklessness, or willful misconduct of Sponsor, its employees, subcontractors, or agents. This includes any claim or liability for copyright infringement, patent rights, or violation of intellectual property rights. 9. Insurance Requirements and Waivers. a. Sponsors with a physical presence in the form of a demonstration or a booth at the event shall comply with the insurance requirements set forth in this Section 9. Insurance certificates and endorsements evidencing the type, amount, and dates of coverage are to be received and approved by City prior to the sponsored event. i. Commercial General Liability: Insurance covering on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. General liability insurance is not required if sponsor will have a physical presence at the event or program (e.g., booth or table) but limits its activities to one or more of the following: SPONSORSHIP AGREEMENT Rev. 3.19.25 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. 16. Third Party Beneficiaries. There are no third-party beneficiaries under this Agreement. SPONSORSHIP AGREEMENT Rev. 3.19.25 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. CITY OF CUPERTINO A Municipal Corporation By Name Title Date SPONSOR Kalos Health By Name Title Date APPROVED AS TO FORM: MICHAEL K. WOO Senior Assistant City Attorney ATTEST: LAUREN SAPUDAR Acting City Clerk Date Jennifer Walle Jennifer Walle 03/03/2026 Marketing coordinator Rachelle Sander Rachelle Sander 03/03/2026 Director of Parks and Recreation Lauren Sapudar 03/03/2026 Cupertino Events - Big Bunny 5K and 4th of July Sponsorship Agreement Final Audit Report 2026-03-03 Created:2026-03-02 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAU_t99cseH8ZXzfDNhCVC8-d3STK6LX_4 "Cupertino Events - Big Bunny 5K and 4th of July Sponsorship A greement" History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-03-02 - 11:32:53 PM GMT- IP address: 35.229.54.2 Document emailed to aracelia@cupertino.org for approval 2026-03-02 - 11:35:40 PM GMT Email viewed by aracelia@cupertino.org 2026-03-02 - 11:35:47 PM GMT- IP address: 52.90.183.134 Document approval delegated to Araceli Alejandre (AraceliA@cupertino.gov) by aracelia@cupertino.org 2026-03-03 - 0:04:48 AM GMT- IP address: 71.202.76.156 Document approved by Araceli Alejandre (AraceliA@cupertino.gov) Approval Date: 2026-03-03 - 0:05:30 AM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to Jennifer Walle (jennifer@livekalos.com) for signature 2026-03-03 - 0:05:32 AM GMT Email viewed by Jennifer Walle (jennifer@livekalos.com) 2026-03-03 - 1:09:47 AM GMT- IP address: 66.249.80.197 Document e-signed by Jennifer Walle (jennifer@livekalos.com) Signature Date: 2026-03-03 - 10:54:16 AM GMT - Time Source: server- IP address: 104.11.59.219 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2026-03-03 - 10:54:19 AM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2026-03-03 - 10:54:28 AM GMT- IP address: 13.219.252.246 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2026-03-03 - 4:09:21 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to rachelles@cupertino.org for signature 2026-03-03 - 4:09:24 PM GMT Email viewed by rachelles@cupertino.org 2026-03-03 - 4:09:35 PM GMT- IP address: 100.54.89.112 Signer rachelles@cupertino.org entered name at signing as Rachelle Sander 2026-03-03 - 4:13:35 PM GMT- IP address: 64.165.34.3 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2026-03-03 - 4:13:37 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Lauren Sapudar (laurens@cupertino.org) for signature 2026-03-03 - 4:13:40 PM GMT Email viewed by Lauren Sapudar (laurens@cupertino.org) 2026-03-03 - 4:13:49 PM GMT- IP address: 44.198.169.155 Document e-signed by Lauren Sapudar (laurens@cupertino.org) Signature Date: 2026-03-03 - 4:15:03 PM GMT - Time Source: server- IP address: 69.149.42.28 Agreement completed. 2026-03-03 - 4:15:03 PM GMT