HomeMy WebLinkAbout26-026 Sponsorship Agreement for Kalos Health for Big Bunny 5K & 4th of JulyCITY OF
SPONSORSHIP AGREEMENT
CUPERTINO
The City of Cupertino, a municipal corporation, is hosting Cupertino Events — Big
Burney 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 41h 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: For City:
Name: Jennifer Walle Name: Christina Lopez
Position: Marketing & Sales Coordinator Position: Recreation Coordinator
Contact: Jennifer@livekalos.com Contact: diristinal@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.
Rev. 3.19.25
CITY OF
SPONSORSHIP AGREEMENT
CUPERTINO
Sponsor will provide its logo within 30 days prior to the event(s) in Al, 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:
Rev. 3.19.25
CITY OF
CUPERTINO
SPONSORSHIP AGREEMENT
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.
Rev. 3.19.25
CITY OF
SPONSORSHIP AGREEMENT
CUPERTINO
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
B yRacheUe Sailiel-
Rachelle Sander
a
Title Director of Parks and Recreation
Date 03/03/2026
APPROVED AS TO FORM:
7;1 / a),,
MICHAEL K. WOO
Senior Assistant City Attorney
ATTEST:
La, ,wm Sap�
LAUREN SAPUDAR
Acting City Clerk
Date 03/03/2026
SPONSOR
Kalos Health
By C uJ
Name Jennifer Walle
Title Marketing coordinator
Date 03/03/2026
Rev. 3.19.25
Exhibit A - Sponsorship Policy
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 Councils 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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 161" day of October, 2018, by the following vote:
CC Resolution No.18-101
Page 2
Vote Members of the City Council
AYES:
Paul, Sinks, Chang, Vaidhyanathan
NOES:
None
ABSENT:
Scharf
ABSTAIN:
None
ATTEST: APPROVED:
Grace Schmidt, City Clerk
(Darcy Paul, o ,
City of Cupertino
2
CC Resolution No.18-10I
Page 3
CITY OF CUPERTINO
SPONSORSHIP POLICY
PURPOSE
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).
5. 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
Page 4
7. The sponsorship does not create a conflict of interest for the City.
S. 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
Cl
CC Resolution No. 18-101
Page 5
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.
111V14lW:►15143--1
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.
CITY OF CUPERTINO
SPONSORSHIP OPPORTUNITIES 2025-2026
CUPERTINO
The City of Cupertino's Parks and Recreation Department has been committed to
bringing family -oriented events to the residents of our community and surrounding areas.
The purpose of receiving sponsorships for the events is to lessen the impact on the City
funds by offsetting the cost of the community events and to provide partnership
opportunities for local businesses and organizations.
Monster Mash
October 25, 2025
Cupertino Cafe
December 13, 2025
HACK Cupertino
Saturday to Sunday,
April 11 to 12, 2026
Teen Speaker Series
November 22, 2025
Santa Visits
Weekends in Dec
Summer Concerts
Thursdays,
June to August
Tree Lighting
December 5, 2025
x
X
Big Bunny 5K
March 7, 2026
4th of July
July 4, 2026
JULY
T14
•
w
Breakfast with Santa
December 6, 2025
Teen Resource Fair
March 21, 2026
Movies in the Park
Fridays in August
01-r9ss
Lek � � . -i� •ti , .. • T :.:e �; . i
wy� r °sue
SPONSORSHIP LEVELS AND BENEFITS
BRONZE
LEVEL
SILVER
LEVEL
GOLD
LEVEL
Advertising:
Name/Logo on event flyers
Company name listed on website
Recognition during event
Placement of ( 1) banner within the event
(sponsor provides)
Company featured in social media promotion
On -site Involvement:
Complimentary booth space at event
Opportunity to give out information to the public
City provides table and chairs
Sponsor provides table and chairs
Slideshow advertisement (movies & indoor events)
Opportunity to speak at events (movies, Big Bunny,
concerts, Hack)
Please check the applicable boxes below to confirm event(s) and level of sponsorship participation.
Multi -Event fee is only applicable far sponsors who sign up far at least THREE events.
Select Event(s)
Bronze Level
Silver Level
Gold Level
Single Event Fee:
$300
$550
$800
Multi Event Fee:
$200
❑
$450
$700
Single Event Fee:
$150
NIA
$400
$350
$650
$600
Multi Event Fee:
x
Single Event Fee:
$300
$200
$550
$450
$800
$700
Multi Event Fee:
Single Event Fee:
$150
NIA
�
$400
$350
�
$650
$600
Multi Event Fee:
ail
Single Event Fee:
$150
NIA
$400
$350
$650
$600
Multi Event Fee:
Single Event Fee:
$300
$200
$550
$450
$800
$700
Multi Event Fee
Single Event Fee:
$500
$400
$750
$650
$1,000
$900
Multi Event Fee:
Single Event Fee:
$150
NIA
$400
$300
$650
$600
Multi Event Fee:
tl�
Single Event Fee:
$150
NIA
$400
$300
$650
$550
Multi Event Fee:
Single Event Fee:
$750
$1,000
$1,250
Multi Event Fee:
$600
$850
$1,100
JULY
. , ,
Single Event Fee:
�
$750
$600
�
$1,000
$850
�
$1,250
$1,100
Multi Event Fee:
Single Event Fee:
❑
$750
$600
❑
$1,000
$850
❑
$1,250
$1,100
Multi Event Fee:
CUPERTINO
SPONSOR INFORMATION
REQUIRED SECTION
Organization/
Kalos Health
Business Name:
Primary Contact
Jennifer Walle
Email:
Jennifer@livekalos.com
Name:
Phone Number:
4157151285
Cell Phone:
Address:
1875 S Bascom Ave
City/State/Zip:
Campbell, CA 95008
On -Site Contact
Name:
Jennifer Walle
Website:
livekalos.com
On -Site Contact
4157151285
Business Type:
Health & Wellness
Number:
CITY STAFF REVIEW *Office Use Only
Print Name:
Rachelle Sander, Director of Parks and Recreation
Date: 2123/25
Signature:
❑lgitally signed by Rachelle Sander
Rachelle Sander pate: 2026,02,23 15:12:28-08'00'
Approved: Yes Na
pp
Please submit completed form to Christinal@cupertino.gQv. All applications are subject to acceptance by the City of
Cupertino Parks and Recreation Department. Once your application has been reviewed, you will be sent additional
information.
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
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