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HomeMy WebLinkAbout26-070 Alignment Health for Cupertino Sponsorship Agreement - Live Well Age Well Health Expo 2026CITY OF SPONSORSHIP AGREEMENT CUPERTINO The City of Cupertino a municipal corporation, is hosting the Live Well Age Well Health Expo 2026 on May 08, 2026, for which City is accepting sponsorships Alignment Health desires to sponsor this Live Well Age Well Health Expo 2026 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 Alignment Health, 1100 W Town and Country Rd #1600, Orange, CA 92868 ("Sponsor"), a Limited Liability Company, in connection with Live Well Age Well Health Expo 2026 being sponsored. 2. Term. This Agreement begins on May 08, 2026, and ends on May 08, 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: Michael Lok Position: Community Outreach Marketing Representative Contact: mlok@ahcusa.com For City: Name: Alex Greer Position: Recreation Manager Contact: alexg@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 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: Rev. 3.19.25 CITY OF SPONSORSHIP AGREEMENT CUPERTINO 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 Raohelle Sander By Rachelle Sander a Title Director of Parks and Recreation Date 05/06/2026 APPROVED AS TO FORM: A4 duze-G K wcc' t - MICHAEL K. WOO Senior Assistant City Attorney ATTEST: LcZG!/LQYL LAUREN SAPUDAR City Clerk Date 05/06/2026 SPONSOR Alignment Health By Michael Lok a Title Community Outreach Rep Date 04/29/2026 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 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. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16" 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). 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 Page 4 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 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. 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 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 the local businesses and organizations. Live Well Age Well Health Expo Friday May 8, 2026 10:30 a.m. to 1:30 p.m. Cupertino Senior Center 21251 Stevens Creek Blvd Join the Cupertino Senior Center for its annual Live Well Age Well Health Expo! •• •• 'iiri SPONSORSHIP LEVELS AND BENEFITS SILVER LEVEL GOLD LEVEL Advertising: Recognition during event Company logo on event flyers, posters, banners Company listed on event webslte + ; Company featured in social media posts On -site Involvement: Opportunity to offer product sample/demo Complimentary booth space at event *Includes (2 ) chairs and (1) 6 to 8 rec table ` • A Organization) Business Name: a -h-'t (4 I Primary Contact Name: i (%-acl k Email: Phone Number: Lf(t- !� V� �3zV Cell Phone: S�rr- Address: i too W. �owtrr Ca vK t -r LM ity/State/Zip: t11 On -Site Contact: fir„ � 4 G t LV On -Site Contact Number: Business Type (sole Proprietorship, Li.C, Corp, rr. C etc.): Please check the Health Expo Sponsorship Fee Print Name: boxes below to confirm level of Silver Level $450 Gold Level $1.404 I Signature: Date: I j 1 s1 L(o I Please submit completes farm to Alexg@cupertino.gov. All applications are subject to acceptance by the City of Cupertino Parks & Recreation DeDartment. Once Your aoolication has been reviewed. you will be sent additional information. STAFF REVIEW (for office use only) Print Name: Rachelle Sander, Director of Parks and Recreation Signature: /LLP& &,•'1( Date: 4/16/2026 Cupertino Sponsorship Agreement - Live Well Age Well Health Expo 2026 Final Audit Report Created: 2026-04-21 By: Webmaster Admin (webmaster@cupertino.org) Status: Signed Transaction ID: CBJCHBCAABAAekmhp-QVxKCcs8GFSO-aU8vaC1l1 HT3X 2026-05-07 "Cupertino Sponsorship Agreement - Live Well Age Well Health Expo 2026" History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-04-21 - 5:58:26 PM GMT- IP address: 35.229.54.2 Document emailed to aracelia@cupertino.org for approval 2026-04-21 - 6:01:20 PM GMT Email viewed by aracelia@cupertino.org 2026-04-21 - 6:01:43 PM GMT- IP address: 13.222.254.206 Email sent to Webmaster Admin (webmaster@cupertino.org) bounced and could not be delivered 2026-04-21 - 6:01:45 PM GMT Document approval delegated to Araceli Alejandre (AraceliA@cupertino.gov) by aracelia@cupertino.org 2026-04-22 - 2:59:19 PM GMT- IP address: 71.202.76.156 Document approved by Araceli Alejandre (AraceliA@cupertino.gov) Approval Date: 2026-04-22 - 3:03:59 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to mlok@ahcusa.com for signature 2026-04-22 - 3:04:01 PM GMT Email sent to Webmaster Admin (webmaster@cupertino.org) bounced and could not be delivered 2026-04-22 - 3:04:35 PM GMT Email viewed by mlok@ahcusa.com 2026-04-22 - 3:11:51 PM GMT- IP address: 44.226.233.235 Email viewed by mlok@ahcusa.com 2026-04-28 - 3:59:48 PM GMT- IP address: 44.226.233.235 Powered icy Adobe CYIftFIt9 Acrobat Sign Signer mlok@ahcusa.com entered name at signing as Michael Lok 2026-04-29 - 7:13:40 PM GMT- IP address: 172.56.46.149 dp Document e -signed by Michael Lok (mlok@ahcusa.com) Signature Date: 2026-04-29 - 7:13:42 PM GMT - Time Source: server- IP address: 172.56.46.149 Document emailed to michaelw@cupertino.org for signature 2026-04-29 - 7:13:44 PM GMT Email viewed by michaelw@cupertino.org 2026-04-29 - 7:13:56 PM GMT- IP address: 54.198.118.40 Email viewed by michaelw@cupertino.org 2026-05-04 - 5:03:25 PM GMT- IP address: 34.229.137.235 New document URL requested by michaelw@cupertino.org 2026-05-06 - 11:41:37 PM GMT- IP address: 98.33.114.31 Email viewed by michaelw@cupertino.org 2026-05-06 - 11:41:47 PM GMT- IP address: 44.192.114.241 New document URL requested by michaelw@cupertino.org 2026-05-06 - 11:43:08 PM GMT- IP address: 98.33.114.31 Signer michaelw@cupertino.org entered name at signing as Michael K Woo 2026-05-06-11:46:42 PM GMT- IP address: 98.33.114.31 dg Document e -signed by Michael K Woo (michaelw@cupertino.org) Signature Date: 2026-05-06 - 11:46:44 PM GMT - Time Source: server- IP address: 98.33.114.31 - Signature Appearance Selected: TYPE , Document emailed to rachelles@cupertino.org for signature 2026-05-06 - 11:46:46 PM GMT Email viewed by rachelles@cupertino.org 2026-05-06 - 11:46:54 PM GMT- IP address: 54.83.148.201 Email sent to Webmaster Admin (webmaster@cupertino.org) bounced and could not be delivered 2026-05-06 - 11:46:54 PM GMT Signer rachelles@cupertino.org entered name at signing as Rachelle Sander 2026-05-07 - 0:28:21 AM GMT- IP address: 98.51.212.207 dp Document e -signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2026-05-07 - 0:28:23 AM GMT - Time Source: server- IP address: 98.51.212.207 - Signature Appearance Selected: TYPE P-► Document emailed to laurens@cupertino.org for signature 2026-05-07 - 0:28:26 AM GMT Powered by Adobe c�rerrrinv Acrobat Sign Email viewed by laurens@cupertino.org 2026-05-07 - 0:28:38 AM GMT- IP address: 52.91.148.22 Email sent to Webmaster Admin (webmaster@cupertino.org) bounced and could not be delivered 2026-05-07 - 0:28:39 AM GMT Signer laurens@cupertino.org entered name at signing as Lauren Sapudar 2026-05-07 - 0:35:03 AM GMT- IP address: 64.165.34.3 Document e -signed by Lauren Sapudar (laurens@cupertino.org) Signature Date: 2026-05-07 - 0:35:05 AM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: TYPE Agreement completed. 2026-05-07 - 0:35:05 AM GMT Powered by Adobe c�rerrrinv Acrobat Sign