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Home My WebLink About031213 Finance Committee Agenda In compliance with the Americans Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Department at 951-694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting[28 CFR 35.102.35.104 ADA Title II] MEETING NOTICE/AGENDA FINANCE COMMITTEE CANYON'S CONFERENCE ROOM 41000 MAIN STREET TEMECULA, CALIFORNIA TUESDAY, MARCH 12, 2013 2:00 PM CALL TO ORDER: ROLL CALL: Mayor Mike Naggar, Council Member Chuck Washington PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Committee on items that are not listed on the agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Committee on an item not listed on the agenda, a"Request to Speak" form should be filled out and filed with the staff liaison. When you are called to speak, please come forward and state your name for the record. For all Public Hearing/Committee Business matters on the agenda, a "Request to Speak" form must be filed with the staff liaison prior to the Committee addressing that item. There is a five-minute (5) time limit for individual speakers.. COMMITTEE BUSINESS . 1. Corporate Sponsorship Program ADJOURNMENT 3� � ��3 �"'�.J �, Date S san W. Jones, M C ity Clerk�. .� NOTICE TO THE PUBLIC The Agenda will be available for viewing, prior to the meeting, at the Main Reception at City Hall — 41000 Main Street, Temecula, 8:00 — 5:00 PM as well as on the City's website — www.cityoftemecula.orq. Any staff report/written material pertaining to this meeting will be available, prior to the meeting, for public review at the Main Reception and at the respective meeting. Any Supplemental Material distributed to a majority of the Committee Members regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception. In addition, such material will be made available for 'review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Hall — 951-694-6444. C�T'Y O]E T'�11VI]EC�.T�.,A FINANCE DEPARTMENT MEMORANDUM TO: Mike Naggar, Finance Committee Member Chuck Washington, Finance Committee Member FROM: Heidi Schrader, Acting Finance Director Roberto Cardenas, Fiscal Services Manager DATE: March 12, 2013 SUBJECT: City of Temecula Corporate Sponsorship Program Amid challenging economic times, it is important for local government to collaborate with businesses to allow those businesses to support services offered to the community. The City of Temecula's Corporate Sponsorship Program (CSP) offers a variety of ways for businesses to achieve this while simultaneously reaching their business goals. The assistance of corporate sponsorships enables the continuation (and possible expansion) of service opportunities in the City. Sponsorships are arranged primarily through three processes (attached): ■ Self-initiated by the potential sponsor via the completion of a Corporate Sponsorship Interest Form ■ City-initiated via the distribution of a Sponsorship Application Packet through event fliers and other channels (e.g. City website, newsletters, etc.) ■ City-initiated via a Request for Corporate Sponsorship Proposal process Recommended Corporate Sponsorship Approval Process ■ The Finance Department (in collaboration with the departments) will provide Corporate Sponsorship Program administration, guidance, and oversight. Corporate Sponsorship solicitations and submissions will be routed through the Finance Department for review and approval. ■ The Department Director (in collaboration with the Finance Department) has the prerogative to accept or reject any proposals submitted by corporate sponsors. ■ If the Department Director (in collaboration with the Finance Department) approves the corporate sponsorship proposal in principle, City staff will draft a Sponsorship Agreement for signature by the City Manager. ■ The City Manager (or designee) is authorized to enter into Corporate Sponsorship Agreements up to $7,500. ■ The City Manager will seek approval from Council on proposed corporate sponsorships over $7,500. C:\Documents and Settings\shelley.pollak\Local Settings\Temporary Internet Files\Content.0utlook�EIBIMAP4\Finance Committee Memo - Corporate Sponsorship.docx Corporate Sponsor Support and Recognition In appreciation of sponsorship support, it is the City's policy to provide sponsors with suitable acknowledgement of their contributions. Sponsorship support does not have a monetary limit. All sponsors will receive special recognition based on the level of support (designated by the department director). A suggested example is shown below: �,=LEVEL `� �� ,��,,.,�,., , �� ,�.�,�,.RECOG,NITION��EX�IMPL'ES � � � '� �. _.� _ ■ Sponsor name and logo will be listed on a sign posted at Basic In-kind an activity area, and remain throughout the duration of the event. All of the above, plus: Bronze ; $0 to • Sponsor name will be listed in all press releases and $500 logo will be displayed on posters throughout the City. • Sponsor will receive a letter acknowledging their tax deductible donation. All of the above, plus: Silver • Sponsor's name or logo will appear on "walk-aways" $501 to (e.g. pens, bracelets, key chains, etc.) distributed at an $1,000 event. � All of the above, plus: Gold` $1,001 to • Corporate logo included in publications and/or website. $5,000 � Ability to use City property for product sampling. All of the above, plus: Plafinum $5,001 ■ Designation as the "official," exclusive, or preferred and above community partner. ■ Title sponsorship of the event. ■ Sponsor recognition on the radio. The policy adopted in the CSP lays the foundational principles that corporate sponsors must abide by if they wish to participate in the program, including: ■ Corporate sponsorships shall support the City's Mission Statement; ■ Corporate sponsorships shall advance the Six Core Values identified in the City's Quality of Life Master Plan (QLMP); • Corporate sponsorship agreements (and agreements where City contractors solicit corporate sponsorships) shall exist in accordance with guidelines and procedures set forth in this policy; ■ Corporate sponsorships shall not result in any loss of City administrative rights, jurisdiction or authority; In general, the following industries and products are not eligible for corporate sponsorship with the City of Temecula: ■ Any business that requires a City regulated permit other than a business license; C:\Documents and Settings\shelley.pollak\Local Settings\Temporary Internet Files\Content.0utlook\E 1 BIMAP4\Finance Committee Memo - Corporate Sponsorship.docx • Religious and political organizations; ■ Parties who are currently, or in the past were, involved in a law suit adverse to the City; ■ Parties involved in any stage of negotiations for a City contract unless contract is directly linked to a corporate sponsorship opportunity; ■ Companies whose business is substantially derived from the sale or manufacture of alcohol, tobacco, pornography, illegal drugs, or the support of, or involvement in the . production, distribution, and sale of weapons and other life-threatening products; ■ Businesses that create a conflict of interest for the City. Staff Recommendation Given the economic climate and the City's desire to collaborate with businesses to allow those businesses to support services offered to the community, staff recommends that the City implement the Corporate Sponsorship Program. HS:RC Attachment: as stated C:\Documents and Settings\shelley.pollak\Local Settings\Temporary Intemet Files\Conten[.Outlook\E 1 B[MAP4\Finance Committee Memo - Corporate Sponsorship.docx City of Temecula Corporate Sponsorship Program � , 6 �rY:'' L w. � '�. . � � ��. .' ��..:;�{,� � , . � '�: � . _ _"M, � _ � ' . .� � �.. ,.:. ' . � . � ' ' ' -� -� ' �. ':�,..�- .� ... � ;,� � r � `� _ � '�� " "m,�. '�" ` � \ �,.� � , `. r i .� 4 t � � .� . ri � — . . -- W . '^-�--+.,`�-•- --, �'', t ��—;•� � !�� _ _ , . , . = .. �- ...',' � -- - ` ' �° $' ``-�' '� ^=s'� � ,� . { +•. ,�,, _ � ; ••c�•� . - '`- �►� _ _ � , �,. - -� , _ 1 Introduction Amid challenging economic times, it is important for local government to collaborate with businesses to allow those businesses to support services offered to the community. The City , of Temecula's Corporate Sponsorship Program (CSP) offers a variety of ways for businesses to achieve this while simultaneously reaching their business goals. The assistance of corporate sponsorships enables the continuation (and possible expansion) of service opportunities in the City. Purpose The City welcomes CSP opportunities that enhance the City's ability to deliver services as long as the services and products are consistent with (and appropriate to) tlie City's Mission Statement. Therefore, the CSP policy is established to: ■ Outline the guidelines and procedures for entering into corporate sponsorship agreements; ■ Assist potential sponsors to understand the opportunities and constraints of corporate sponsorships; ■ Recognize that corporate sponsorships provide an effective means of generating new revenues and alternative resources to support the City's facilities and programs. Policy The policy adopted in the CSP lays the foundational principles that corporate sponsors must abide by if they wish to participate in the program. It is the policv of the City of Temecula that: ■ Corporate sponsorships support the City's Mission Statement; ■ Corporate sponsorships advance the Six Core Values identified in the City's Quality of Life Master Plan (QLMP); ■ Corporate sponsorship agreements (and agreements where City contractors solicit corporate sponsorships) exist in accordance with guidelines and procedures set forth in this policy; ■ Corporate sponsorships do not result in any loss of City administrative rights, jurisdiction or authority; ■ The City provide sponsors with suitable acknowledgement of their contributions; This policv applies to: ■ All relationships between the City and businesses, organizations, and individuals that contribute either financially or in-kind to City hosted events, City sponsored events, special events (including live performances, concerts, and programs), community projects, services, or facilities in return for recognition, public acknowledgement, or other promotional considerations, including paid advertising on City property, at City events, and in City publications. Exclusions to Corporate Sponsorship Policv: This policy does not apply to: � ■ Gifts, grants or unsolicited donations in which no benefits are granted to the corporation and where no business relationship exists; 2 • Sponsorships determined through a good faith effort to be unique and without interested competitors. Definitions ■ Advertising - Advertising is signage or personal collateral created by the corporate entity (usually placed in designated areas) to promote a product or service; ■ Corporate — Any individual, group, for-profit, or not-for-profit entity interested in sponsoring the City (either in-kind or direct funding); ■ Corporate Sponsorship - Corporate sponsorship is distinct from corporate donations or gifts which are generally of a one-fime nature and do not include recognition or compensation; ■ Gift - A gift is a freely given donation of goods, cash, or real property to the department, preferably with no expectation of a return (a condition to the gift). Gifts may be designated for a specific purpose or may be general in nature. Recognition of donors and donations is determined by the City; ■ Mission Statement: The mission of the City of Temecula is to maintain a safe, secure, clean, healthy, and orderly community; to balance the utilization of open space, parks, trail facilities, quality jobs, public transportation, diverse housing, and adequate infrastructure; and to enhance and revitalize historic areas. The City will encourage programs for all age groups, utilize its human resources, and preserve its natural resources while stimulating technology, promoting commerce, and utilizing sound fiscal policy. It is the City Council's resolve that this mission will instill a sense of pride and accomplishment in its citizens and that the City will be known as a progressive, innovative, balanced, and environmentally sensitive community. ■ Naming Rights Sponsorship - Naming rights are a financial transaction and form of advertising whereby a corporation or other entity purchases the right to name a facility, event, or component of an event, .typically for a defined period of time. ■ Quality of Life Master Plan Six Core Values: ■ Healthy and Livable Community ■ Economic Prosperity ■ A Safe and Prepared Community ■ Transportation Mobility and Connectivity ■ A Sustainable City ■ Accountable and Responsible City Government Criteria Sponsorship Consideration: Sponsorship of funds or in-kind services (e.g. contributions of staff, equipment, services, booth participation, bottled water, promotional items, etc.) will be considered for City hosted events, City sponsored events, special events (including live performances, concerts, and programs), community projects, services, or facilities designed to accomplish all of the following goals and objectives: 1. Adhere to the City's Mission Statement; 2. Promote the City as a desirable place to live, visit, do business and/or bring tourism- associated revenue to the City; 3. Advance the Six Core Values identified in the City's Quality of Life Master Plan (QLMP) to enhance the well-being of the residents; 3 4. Promote a family-friendly environment. . Restrictions on Sponsorship In general, the following industries and products are not eligible for corporate sponsorship with the City of Temecula: 1. Any business that requires a City regulated permit other than a business license; 2. Religious and political organizations; 3. Parties who are currently, or in the past were, involved in a law suit adverse to the City; 4. Parties involved in any stage of negotiations for a City contract unless contract is directly linked to a corporate sponsorship opportunity; • 5. Companies whose business is substantially derived from the sale or manufacture of alcohol, tobacco, pornography, illegal drugs, or the support of, or involvement in the production, . distribution, and sale of weapons and other life-threatening products; 6. Businesses that create a conflict of interest for the City. The City may, however, elect to enter into a corporate sponsorship agreement with restricted sponsors when it is deemed appropriate for the project or event. CSP Levels of Support In appreciation of sponsorship support, it is the City's policy to provide sponsors with suitable acknowledgement of their contributions. Sponsorship support does not have a monetary limit. All sponsors will receive special recognition based on the level of support (designated by the department director). A suggested example is shown below: LEVEL � .` AMOUNT � � RECOGNITION EXAMPLES � ■ Sponsor name and logo will be listed on a sign posted at an activity Basic In-kind area, and remain throughout the duration of the event. All of the above, plus Bronze $0 to • Sponsor name will be listed in all press releases and logo will be $500 displayed on posters throughout the City. ■ Sponsor will receive a letter acknowledging their tax deductible donation. ' All of the above, plus: Silver ■ Sponsor's name or logo will appear on "walk-aways" (e.g. pens, $501 to bracelets, key chains, etc.) distributed at an event. $1,000 � All of the above, plus: Gold $1,001 to • Corporate logo included in publications and/or website. $5,000 � Ability to use City property for product sampling. 4 All of the above, plus: Platinum $5,001 ■ Designation as the "official," exclusive, or preferred community partner. and • Title sponsorship of the event. above • Sponsor recognition on the radio. Recognition of Sponsor: The following principles form the basis of the City's Recognition of Sponsors: ■ Recognition shall not detract from the visitor's experience or expectations; ■ Recognition shall not impair the visual qualities of the site; ■ Recognition of a sponsorship shall not suggest in any way the endorsement of the sponsor's goods or services by City, or any proprietary interest of the sponsor in the City; ■ Any physical form of on-site recognition shall not interfere with visitor use or routine City operations. The form of any on-site recognition shall be of an appropriate size and color, adhere to municipal codes on advertisement, and shall not detract from the City surroundings or any interpretive message. Must not compromise design standards or the visual integrity of City facilities; ■ All sponsorship agreements will be for defined period of time having regard to the value of the sponsorship and the life of the asset being sponsored. Procedure . The following procedures lay out the processes that both the prospective sponsor and the City must follow in order to provide sponsorship. , Initiation ■ Sponsorships are arranged primarily through three processes: 1. Self-initiated by the potential sponsor via the completion of a Corporate Sponsorship Interest Form (See Attachment A Sample) and adherence to the terms and conditions outlined in the Corporate Sponsorship Agreement (See Attachment D Sample). 2. City-initiated via the distribution of a Sponsorship Application Packet (See Attachment B Sample) and adherence to the terms and conditions outlined in the Corporate Sponsorship Agreement (See Attachment D Sample). 3. City-initiated via a Request for Corporate Sponsorship Proposal (RFCSP) process (See Attachment C Sample) and adherence to the terms and conditions outlined in the Corporate Sponsorship Agreement (See Attachment D Sample). � o RFCSP Process • • The City shall solicit Corporate Sponsorships via a RFCSP process (See Attachment C Sample). • All proposals for sponsorships must be submitted in writing to the City per the instructions outlined in the Request for Corporate Sponsorship Proposal document. � 5 • Staff will review the submitted proposals, provide comments, and provide a recommendation to the City Manager. ■ Corporate Sponsorship Approval Process. o The Finance Department (in collaboration with the departments) will provide Corporate Sponsorship Program administration, guidance, and oversight. Corporate Sponsorship solicitations and submissions will be routed through the Finance Department for review and approval. o The Department Director (in collaboration with the Finance Department) has the prerogative to accept or reject any proposals submitted by corporate sponsors. o If the Department Director (in collaboration with the Finance Department) approves the corporate sponsorship proposal in principle, City staff will draft a Sponsorship Agreement for signature by the City Manager. o The City Manager (or designee) is authorized to enter into Corpo�ate Sponsorship Agreements up to $7,500. o The City Manager will seek approval from Council on proposed corporate � sponsorships over $7,500. Evaluation Criteria The City shall adhere to CSP policy, guidelines, and procedures when evaluating a corporate sponsorship proposal. In all cases, the City shall consider: ■ The City's Mission Statement; ■ The sponsor's past record of involvement in community and City projects; ■ The desirability of association — the image; ■ The timeliness or readiness of the corporate sponsor to enter into an agreement; ■ The actual value in cash, or in-kind goods or services of the proposal in relation to the benefit to the corporation; ■ Community support for, or opposition to, the proposal; ■ The operating and maintenance costs associated with the proposal; ■ The corporation's record of responsible environmental stewardship. 6 Attachment A Sample Corporate Sponsorship Interest Form Please fill out each question completely and accurately: First and Last Name Business Name if a licable : Business Registration/License Number if a licable Street Address ,. Cit %%j State , ��/ Zi Code '%,. Phone �'%fi., %%/l/ Email Address if a licable �'%j//,/%/,% i j ��/ .,%`// � � ,�%i . �/�;� �/� Sponsorship Proposal Description: Provide a�description,�;of, the proposed;finaneial (or in-kind) ilii i�iii.,. �ri�, ��/�/ sponsorship including its rationale and any pos�tive'financial, env.i�fnmental, social�or cultural benefit the sponsorship will provide to the city. Please'b�e as complete as possible. %j/, . ��-.,, .�� `��i, �%�;, ��i�,,. Sponsorship Estimate/Cost!iPlease estimate the!eost of you/financial or in-kind sponsorship, the source of your funding, and how��you�rar,rived at �our fun"d� g figure. � � !/�. �%s,�i � i' .°'% `'i �' ��//% %� �,.//�j�,. /� n;e/' %'��'.�';: . .. i,�'. �ji%sr Sponsor ��Businesses Acti � es. If applicable, please insert a brief description of the nature of your busingss, ;�f�f%i%iG�f,,._ ��%, •. Sponsorship Rights and Recognition: Please insert a brief description of the level of recognition your business desires. Attachment B Sample Sponsorship Application Packet The City of Temecula is planning a spectacular year. We need your support! We invite your business to become a sponsor of the Corporate Sponsorship Program. Below are levels and events for your review. SPONSRSHIP LEVELS Bronze Sponsor- In-Kind ' ■[Insert Recognition, e.g. Sponsor name will be listed on a sign posted at an activity area, and remain throughout the duration.] �/ Silver Sponsor $1,000 ; / �� ■[Insert Recognition, e.g. Banners, walk-aways (e.g.'pe�,ns, bracelets, key chains, etc.) at an event with a sponsor name or logo.] `fj/ %// '� Gold Sponsor $5,000 '�D/�� j � ■[Insert Recognition, e.g. Corporate logo included; jn, publications website]� % ,/•//S ///jj i � Platinum S onsor $ 10,000 � i / �� P �%%_. % ��/i,,, /%��%/// ■[Insert Recognition, e.g. Cocporate visibility in;public parks�; �.%�//�.,, / `!%i�,,.�%� �j/� ,,,, , , ,,,. . City of Temecula;,Sponsor:sh"ip Opportunities .,,,.,. [ Insert Event [Insert �'% �[Insert ��[.Insert [Insert [Insert Event] e. Hot Event �;Event• � "'Event Event g� ,I ] , .1,, , ] ] Summer �� r'�„ � ri ��✓/;", � � Ni hts �'i/ fii. ��//`o� Location L on /'// ��f�,, //// � �%��j /// �fi,%�/,r- f�� , /,/,�`' , j Crowne'Hilli .,, r' '� ��' j//// :,,. ��;�i% . Park /�. , �r ��ii/ : .�„ � - %-. ! ! � �� . �,� // ; , %/,��`��%„ � .� Date �� [Insert Da/] , �� .,,//� % �i% Estimated.., �'��'r/�`,�, Attendance��j �[I se`�rt% j � %ir � � s BBSIC y` ! i;i Sponsor In-Kind ,f� � G;%/if; {�.,� . Bronze Sponsor [e.g. $500] Silver ° Sponsor [e.g. $1,000] 1 The City of Temecula is legally a qualified charitable beneficiary. The Federal Tax Identification Number for the City of Temecula is: [Insert Federal Tax ID Number] all charitable donations may be tax deductible to the extent allowed by law. Please consult a tax professional for more information. Gold Sponsor [e.g. $5,000] Platinum [e.g. $10,000] Sponsor Thank you for your interest in the City of Temecula Corporate Sponsorship Program. Please fill out and submit the Sponsorship Form below: If you should have any questions, please call [Insert Contact] Your Contact Information Date: Com an name/Or anization Contact erson Mailin Address Street Address Com an Phone Cell or Alternate Phone Fax: Email Address: Website Address: Event � Pa ment Information Name of Events (check [Insert Event e.g. Hot Summer Nights] one : Alternate Event: Insert Alternate Event Sponsorship Level (Check Bronze one) Silver Gold Platinum Total S onsorshi •Amount: $ Insert Amount In-Kind Donation Fair [Insert Value] market Value: Description: [Insert Description] Payment Options (Circle Check: Payable to City of Temecula Cash Credit Card one : Visa or MasterCard Card Number. Ex iration Date: Payment: 3 Di it Securit Code: Printed Name on Card: Si nature: . Send Pa ment: Phone Re istration Fax Form: Lo o Information Terms and Conditions Attachment C ••,`, ��F r t:.ti�'�� •: . . .. • _ .. �> � y,, 1989 �; � '�H�\.\ � VI K l�� SAMPLE REQUEST FOR CORPRORATE SPONSORSHIP PROPOSALS (RFCSP) [ INSERT NAME OF PROJECT] _ _. �. _- � - - - - - �,� .�� .,,r..: �° ��, ��-r.; - . . �. _ , -, . �._ � . .. ... ' __ �� 4� � .� ,� . "'![ q � ' .. �' t�""° ! � • ' `awr ....� �� . �'� � . .. �.- � . .,,�, -'�", •ay��.'•� � ° �'�f� �` � _. � . . _ . !�"�� ... �� r�� - \ + -t �� ; • • �:ea► _- - - - �, ,� +1 � _ - � _� _ M � ...._ , y�r •'. .�...--._ �' l Y :j: ... ' - e�..�:; _ ,�, � j. . � - �: �..� . - ,,. _ ' ,�,. ,. � . . ""'- at. "": ',;' �- � -:_ r. , - Filing Deadline: [Insert Date] at [Insert Time] CITY OF TEMECULA [Insert Project Name] I. INTRODUCTION � A. The City of Temecula, hereinafter referred to as the City, is requesting corporate sponsorship proposals from firms or individuals to provide [Insert type of service: i.e. plan check, surveying, ATM, etc.] services to the City. B. It is the intent of the City to award a[Insert terms: i.e. one (1) year agreement with the option to renew for two (2) additional one (1) year terms�. IL CITY PROFILE j� A. The City of Temecula is a dynamic communityfcomprised of approximately �i�- 103,092 citizens of various cultural backgrounds!�The City maintains 39 parks on �-r.i., �ii� 309 developed acres throughout the communit�y% which%provide recreation opportunities for both the citizens of Temecula�'��as�'�we as surrounding communities. Contracted services pro`vided through Riv��side Cou�nty include police and fire protection. The Temecula%Valley Unified ScF�o% D��cf provides 34 schools for 28,671 student��a/�h f��kinde�g�arten through`��,�2fhj rade levels within the City. The City of Temeculaipr:�des itse�f on its comrnunity focus and quality of life. � '� �%,•`/� �i ; ,,',�_ f j��%j � � �/-,. �% � -� III. SCOPE OF SERVICES j/f,, %i� . �/' %i%'" /f%`� �>� �i//... i A. INSERT SCOPE: A quality cpntract begins with a solid RFCSP. An RFCSP (via %iJi %/�/,/i� n�'�f, u n � the Scope of Services) outlines�y,what the��City needs — then it s up to the Proponent to�"propose" thei�,;�s,ervices� via their�, ro osal . A oorl crafted Sco e �,!,%�r,,r;�:.,� %�, �.,i,� � � P ) P Y P of Service makes,it�v,ery difficult, for Proponents to determine the City s needs. In �ii�i� -.i%ir..� r�;• ,�,, addition, a poorly�written Se.;,rvice makes it difficult for the Selection Panel to properly�e�aluafe<tlie:se�rvices being offered by the Proponents. j j '�%f � '��ii"� % %/%/,`. �%'';. ��"�'��i IV. LOCAL VEN: OR�PREFERENCE�PROGRAM - SERVICES G ,�;�,., /i �/�✓`�,,,. �s i; ��'��A It is the!policy ��h�C�ty to%promote employment and business opportunities for �� local resid'ents:and firrns,on all contracts and give preference to local residents, ��; '/f r /./.1f0 ''%%/, � workers, b,u,srnesses, vendors, contractors, and consultants to the extent ''%,.; eonsistent with. the law and interest of the public. f /� j%i'%�!;'%%%;A, `,/>. /� li. B. The City;of Temecula Local Vendor Preference is applicable to this Soliciation � �, ,�if pursuant `to; Chapter 3.28 of the Temecula Municipal Code. A five percent (5%) preference'will be given to Local Vendors in the determination for award of this contract�f ,, . �;.,. /,.. C. Qualified vendors, contractors, or consultants (Vendors) that desire consideration as a City of Temecula Local Vendor under this solicitation must complete the "Statement of Local Vendor Certification" (contained herein as Exhibit C) and submit it as part of their solicitation response. Late submittals of the Statement of Local Vendor Certification will not be considered. Submission of this statement will qualify the Vendor for treatment as a Local Vendor for purposes of this solicitation only. The statement made under this solicitation shall not qualify the Vendor as a Local Vendor under any other solicitation. CITY OF TEMECULA [Insert Project Name] V. PROPONENT INFORMATION A. RFCSP Proposal Timeline: The following is the City's tentative schedule for the selection of a Proponent: RFCSP Pro orients Electronicall Notified Insert Date Deadline for Submittin Questions Insert Date & Time (AtLeast3DaysfromDeadline) Deadline for Submittin Pro osals [Insert Date and Time] �A«east2week5> Panel Review of Pro osals Tentative Insert Date Interview of To Pro onents Insert Date Notice of fntent to Award Sent to Pro onents Insert Date Council A roval and Award Tentative Insert Date % Be in Services Tentative Insert;Dafe „ ., �%'�,. %ir.. B. Proponent Information Conference: A%[mandato ;ry/non-mandatory] „ �i�., ��i�. Proponents Information Conference will be held at [InsertfAddress], on [Insert i.,. ��/i/ Date], at [Insert Time] to explain service;requirements�•and to answer questions ��i. ,,`,,, iii� regarding Scope of Services, completion%of proposals, 'fi�me frames; and the RFCSP process. ,� //r � �//// j� ;�/�/%/��,�,, ��///i, -,, / C. Oral Interview: Those Prop�orients considered��most qual�fied to provide the required services may be requested to participate m;a�n oral.mterview at the Citys ;ii.�� i�i . . / . / /i�/ discretion. Applicants��wi�l be notfif d i��,wntmg of'th��rne and place for the interview. It is expected!that key , of the engagement team (owner, ��,�� partner, manager, senior;personnel, and�project manager) will be present for the presentation/interview pro,�cess� for the oral interview will be cause to disqualify the firm'from further consider.ation. �//j �� i`' ��ii ��r�// .�, . �� fs / �%ri,. ///,i �j,. /�,.. VI. INSTRUCTIONS FOR%SUBMISSION �of PROP..OSAL • ��%i . �� ///,., %///. If �i�, A. Registering as a'�V,endor:!Prop must be registered as a vendor with the Cit'`'%to ;°download th��e��RFCSP��ocument(s) and to submit a proposal. If not Y �i// '�///,%�•,. �//i/., �-fiii « �� already� reg st,e,�ed, Prop,�onents may Register As A Vendor via the City's website:;http://pur;chasi nq:citvoftemecu la.orq. f ,�i�� '%//i,,. ��%%r%i,,, "%/ ;i 'B. [Insert 'the following��paragraph if documents must be uploaded onto � � /, �..%i,'r /i , ,/ PlanetBidS] j�;Documents��must be uploaded in PDF format. It is the Proponent s ��,i�'��Cit�p�s%onbne�bitl:mana�em�enps stem. o osals that a�e es cannot �/��,�- ,..�,,ys��i-, ,,,,,. 9 Y p 9 P 9 � be opene,d��etc �may be considered unresponsive. Hard copies submitted to the City, in I`�� of an electronic copies uploaded onto the system, will not be ' accepted�s a viable proposal. ��rf,/'�/% C. It is`��tFie ProponenYs sole responsibility to contact the City's online bid management provider (PlanetBids at 818-992-1771) to resolve any technical issues related to electronic bidding, including (but not limited to) registering as a � vendor, updating passwords, updating profiles, uploading/downloading documents, submitting an electronic bid/proposal, etc. D. Submittal of Proposal and Fee Schedule: It is the responsibility of the • candidate to ensure the proposal is delivered on time. Any proposal received after the deadline will be disqualified and will not be considered. Proposals sent via facsimile will not be accepted. CITY OF TEMECULA [Insert Project Name] i. One (1) original and three (3) copies of the proposal, fee schedule, and Statement of Local Vendor Certification must be submitted in hardcopy format and in a sealed envelope marked "[Insert Name of Project]" to the following address no later than [Insert Date] at [Insert Time]: Via U.S. Mail Walk-In Deliverv or Courier City of Temecula Service Attn: City Clerk City of Temecula P O Box 9033 Attn: City Clerk Temecula, CA 92589- 41000 Main Street //�j 9033 Temecula!CA 92590 . ` �' E. Examination of the Content of the RFCSP:",By subm tt�ng a proposal, the Proponent represents that it has thoroughly examined.,andfbecome familiar with the contents of the RFCSP and that i��s capable of�;`erfo ming quality work to achieve the City objectives. The subm��sion of a sign, propo��l, shall be considered an agreement to all the terms, conditions, and sp,ecificatioris provided in the RFCSP. /�fj/ f ��% / ��!'� f! , ��1%i� �``,//i,,. °�, i. Sample Aqreement: -Asample Agreement�,is attache.d B) for the �� ,i� i, �r�: purpose of informing the�propose%of the fixed�� p�edetermined, standard contract provis�ons with �wh�ch �he.y' will be req�uired to comply. These provisions are �u��bj�ect to reu�sion� by the City at any time prior to the i, // signing of the agreement. ��, � f ��///� �i/'/i,.. ii. Exceptions: If the ;Propqnent sugg alternatives or states exceptions ,,,-. to any�term or condition in the or to any provision or recurrent J/i/r� �i �//! :S °�� of the%RFCSP,.,�such ;alternat�ve or exception shall be clearly stated „��., . �.�� / and identified�in>�the �submitted; proposal. Otherwise, the successful ��i., '��i;/✓/�i... %� ,:�� Pro onent�iniill be�xpected to sign the Agreement upon award of the / �� , p 'ii�, %/f.r/.�//ii/.. '�f,,,,;��;,contract. Any.alternative;proposed must satisfy all minimum qualifications ""% in the�RFCSP. The City expressly reserves the right, in its sole .� rfi�f;, vi.,, ,;discretion; to (1) re�ect a proposal containing any exception or alternatives ��,,/. "i �ir � r, '/%o, j� �� as��non confo�ming, or (2) accept any proposal alternative or exception �1. l,��r/'r�y� / . � and;,to�;award`�a;:contract based there on if determined to be in the best � /O�s�✓.�'; � , �y � interest%of the City. f// ��%i� i/, ,,�j � . . }',�; �,,�� l�ii'�Proposal Siqnature: The proposal must be signed by an official authorized ./.�ii�� r to�bind�the firm. �� ,� iv. Questions: Any questions, interpretations, or clarifications about any portion of this RFCSP must be requested in writing (by the deadline �';iirid'icated in the RFCSP Proposal Timeline) [Insert: "via the City's on-line i.; • bid management system — PlanetBids." For solicitations not on PlanetBids use the following language: "to [Insert Name and Title] via the following e-mail address: [Insert E-mail Address])." All written questions will be answered in writing and conveyed to all proposers in writing via PlanetBids. Oral explanations or instructions will not bind the City. F. Proposal Withdrawal: Proponent agrees that failure on its part to list all cost components related to the service will not be accepted by the City as an acceptable justification to re-quote the proposal. Proponent acknowledges that CITY OF TEMECULA [Insert Project Name] the original proposal and costs provided stand. However, Proponent has the option of withdrawing a proposal at any time until a final Contract is awarded. Any withdrawn proposals will not be considered for re-submittal. G. Proposal Content: i. Qualifications and Experience: Proponent shall — ` 1. Provide the number of years their firm has provided the services outlined in the RFCSP. 2. Provide the name of the principal or project manager in the firm who will have direct and continued responsibility for the project. This person will be the City staff contact on all matters dealing o�i/r with the project and will handle,the day-to-day activities through completion. � j �� ,%j,. ,r`f.�`/.� 3. Provide a resume for all staff/employe��a�signed to the project (identified in this RFC$o)��along with a�� ar indication of their responsibilities for this pro�ect l� �,%/ �0., � %/� 4. Provide at least five�(5) refer:.ences that have`pu�chased similar r�� i//i . i/��ii�. ' f//�//// services from tlie�Propq�n�nt. P ��ponent shall�pr.,ovide company iio�/ name, contact-_mame, and�phone nurnber for each reference. ��'�✓;i'�,,, �i. �'!%/. /r'�`.i�f . / /,�,, 5. Identify those servi � s tha��,will be outsou�r�ced to a sub-contractor. The Proqo.n �t will �b0��ponsible for verifying the experience, qualificafions�and validity%of all licenses, permits, and copyrights if . �ii//i, � %,, for any outsourced work�to The Proponent is also respons�ble for�paying its,�/mployees and any sub-contractors ��tie�Proponent%hires �//j� �/ ��j%///ii,,. � �j� /��%/, 6. Proponent��shall �dentify,�obtain, and provide any and all licenses, ii,;,.. , f perrn�s, cleara� es, reports, and documents required to'complete /� , .�i�.ri./�r�>, � "',,/,�.�,/;/rr. the pr:gject and"�perform the services within required timelines. i�r �r%% , / j / / � �s/�` �///ii, �%� / �%`f f 7 �� f `�requi ed to c�oi;nply with all ez sting FederalcS ateP nd�CAL O //j�: ''�j� ie/f��., q ��/.�i , � , /-� /,F laws�and: re uirements. / ,>> ��i/ .,, �,�/�� j f� „�,., ,,/i . � !8 i,Frovide a list any litigation, including personal and property, /jj'� ��?�; • , / ,,,, f involving Proponent s firm in the last five (5) years. �``�',�%:�'�,� `��% '` ../j` � / i i /l��ir � �'� ii. Technical Approach and Timeline: Proponent shall provide a detailed wriften outline of their firms proposed approach and timeline to the project an�d'the tasks the firm undertakes prior to and during tfie project to ensure ;'`j//'`�,�.i,,� its completion and success. iii. Price: A Pricing Form is attached as Exhibit A. Proponent shall provide its proposed fee schedule (pricing) for all services and product in a separate sealed envelope. If there are discrepancies between services, labor, product, materials, or fees the City reserves the right to clarify pricing with the affected Proponent. iv. Statement of Local Vendor Certification: Qualified vendors, contractors , or consultants (Vendors) that desire consideration as a City of Temecula Local Vendor under this solicitation must complete the "Statement of CITY OF TEMECULA [Insert Project Name] Local Vendor Certification" (contained herein as Exhibit C) and submit it as part of their solicitation response. , VII. SELECTION CRITERIA A. The City will establish a proposal Selection Panel whose members must have no conflict of interest with any Proponent. Individual Selection Panel members will review and evaluate the proposals and qualifications of all responsive Proponents. The Selection Panel may be comprised of City staff and/or other people with related expertise. .,, B. The Selection Panel will consider the following facto"r:s (and other reasonable, iii�/� objective, and accountable factors) which are listed�here without implication of priority: j , ��///� %'o� i. Responsiveness: The Proponent s ability to<.,e,�ectively%meet the Scope of Services and all the requirements stipulated in-.the�RFCSP: �/i� ,� j% , ii. Qualifications and Experience�� The Propone"nt s capability and qualifications to perform the Scop �of.Services and� all>therequirements stipulated in the RFCSP�. j�%,%j/� "��j� ��j //� . i� � , „_ � in. Technical Approach and;.Timeline/The Prop�onent� to effect�vely provide the Scope of Ser"vices and�all the requiremen`ts stipulated in the RFCSP within a �easonable';'timeline' �� j %i;�%�i, , ��//�j� iv. Price: The Prop,onent�s abilit�y/to cost effectively meet the Scope of Services and all the--requirements;stipulated in the RFCSP. � f . �`��///•,, • ��'io,. o � v. Local%Vendor Preference:'A� perce� (5 /o) preference will be given to Local%Uendors in the determination for award of this contract. '!ii�� '"��/. �i ��/,l / � �/'-'-: /�, ! �i, C. Coritract Award: "A�,fmal Contract>.will be awarded to the best qualified individual ?/ ✓/�+'/.%/�/i . i%l�ii i if/1///r/i or fir;rn�,with the most�cost effectiue (competitively priced) proposal. Although %r%��. ' �//i.... r. price A s� of%�pr��/,�e conside�ation, it is not the sole determining factor. The City reserve.'s; the righit:,to select�;the appropriate firm based on the most qualified ! proposal j ��`�%`%1 � '�� j`: �:i,, ! -�� i%%i �1,�� i. The� City reserves the right to accept or reject any or all responses and `,�� ;1�; �o�; ;pr,egula'r:itieseto negotiate w th� ny qualified sou ceSor cancelan whole or ; ;.� . �..r� � , ��,., ,,..,,,. � in;'part this RFCSP if it is in the best interest of the City to do so, and to .�s� take;all proposals under advisement for a period of ninety (90) days. If a Co tract cannot be negotiated the City reserves the right to negotiate with '''�`'any other finalist. ,.., ,., _ ii. Subsequent to contract negotiations, prospective Proponents may be required to submit revisions to their proposal. iii. This RFCSP does not commit the City to award a Contract, to pay any cost incurred in preparation of a proposal, or to procure or contract for supplies or services. iv. The City reserves the right to select a Proponent to perform all the work identified in the RFCSP, or only selected portions based on price and � other factors. CITY OF TEMECULA [Insert Project Name] v. The City may, at its sole discretion, award the contract in whole, or in part, to one or more Proponents. vi. All companies submitting a proposal should note that the execution of any contract pursuant to this RFCSP is dependent upon the recommendation of the Selection Panel and may be subject to the approval of the City of Temecula City Council. D. Protest Procedures: Pursuant to Chapter 3.28.350 of the City of Temecula Municipal Code, any actual or prospective bidder, proposer, or contractor (collectively `'bidder") who believes he or she has been aggrieved in connection with the solicitation or award of a contract pursuan��/�this Chapter may protest, in writing, to the Office of the City Clerk, within thr.ee (3) business days after ii�/ posting of the award recommendation (post��d�s "Award Pending" via the City s online bid management system — PlanetBids:),at the location where bids or proposals are submitted. The protest shall be ��cleemed�il�ed only when it is ��/., ii�j�. actually received by the Office of the, City Clerk. Saiar"bidder shall refer to Chapter 3.28.350 of the Temecula%/��,Municipal Cod�,�� for d � jled filing requirements. The City's municipal code can>also be accessed online at: iii/ia�->- ��/�., ��%%,%�% � http://www.cityoftemecula.org/Temecula/„G,�ernmen� ityClerk/Municip�,/Gode.htm '%'" iii �,� //%�//%/,� % VIIL CONDITIONS & LEGAL REQUIREMEN�TS �//� /�,�� i%J%//ii ��; �� actin A. Collusion: Any evidence;of agreement�or collusion arnong Proponents, g ille all to restrain freedom o� efition�b a reement to ro ose a fixed rice, 9 Y ..,,� ��i��,�, p „ jo, Y 9 P P P or otherwise, will render th jprqp/ of su � void. %i. B. City of Te�me�ula Business License: Ttie selected Proponent(s) agree to - �a�, -•�i m a i n t a i n a C i t ;: o f i T e m e c u l a b u s i n e s s; l i c e n s e f o r t h e d u r a t i o n o f t h e c o n t r a c t. 'y%r ��%%/%�t��. �/,. �� /i� C. Law Com pliance:- Selected 'Pr.o ponent�is re quired to com pl y with all existin g %/�, ��i��.,,,. ''% State% and Federal�labor 'laws ��Selected Proponent is also responsible for �.i�.',�'/�i,,., comp lying,�wi t h a l l O S H j A d amy �o t her app lica b le s tan dar d s a n d r equi r e m e n t s. If Propon`'ent�� work or job to a sub-contractor, it will be the � j . Propori,ent's resp��onsibility l ensure that all sub-contractors meet the /� ;�`./!� requirernents as�tateci;in this'RFCSP and Contract award. , :. ji'r. .,%�� ",�/�%% . �� D. Public Re.cord: All submitted responses, proposals and information included '��;� � th� ein shall�become public record upon contract award. Proposals are not to be '��marked„as con�f dential or proprietary. Regardless of any identification otherwise i�� including%�marking some or all of the pages as "confidential" or proprietary, information �in proposals shall become part of the public record and subject to r��>>. disclosure,without further notice to the Proponent. The City shall not in any way .i//o�r:° be liable;or responsible for the disclosure of any such records. ,.;, CITY OF TEMECULA [Insert Project Name] EXHIBIT A Pricing Form . �� /� /� !�� - � f f��'�� !� .�s � _� P �� ` ��f// ��/%%, //% //// . �/� .;�/�%% �/%/j '�� ,�/ %/� //�/ � %�,, O,/// %/ %� � ��/ � �f� /O � f �,� ��i- �� %��'"� ! ,� i �,' / ��j /// . � %/ %r, � �j� `�'//�� %/ �O//// ��j, / ��/1// �� % /j �`�f'-� . / `'��f %j.� �/�j / �j f. �j �� „�� j/ � /`i ��r� � j� , ��%j /ff ' /ii/'.-, /, �j j%/j 1',� /,/jf/ �//` / �%i �`��.%O.% � ��f � �, , / � �� ,/� '/if;,; f; �,/� �%,� ii, �/ :�; .�� %�/ f ;' ��/ �iJf .,��/ CITY OF TEMECULA [Insert Project Name] EXHIBIT B SAMPLE OF STANDARD AGREEMENT (Attached) � ,j / ��/ ��ij/ %/ `�� %/ '��//� �i . // %9/�j �� •.%%1 %li% �e�� , �� /�� %�� i/r //� , .�� f��//// . � . ////� ` //� �% � �/ � 1/ // //j % ///� � %,. O,%j- %� // l/, ��O// ��j � ` � f � %oi�� ii ° ��ii f �%ii r � J � �� i // �r��; �,� - . %�s,�, ��i�� ,�j i '�!:;%� ��j !'i /�%%� � . /// ��%%i ,`��J��' �,�' ; /��f�%�• //J . f ; ji %�� ''�/�%i � �/. � � ��`� �% , �� / ��,��/ 1, �' / �/i. �� /�, �� ,/�% • � j, %: ' �% /� �� CITY OF TEMECULA [Insert Project Name] EXHIBIT C STATEMENT OF LOCAL VENDOR CERTIFICATION Any Vendor claiming to be a Local Vendor, as defined under the Local Vendor Preference Program - Services section of this RFCSP shali so certify in writing to the City. The City shall not be required to verify the accuracy or any such certifications, and shall have sole discretion to determine if a Vendor meets the definition of "Local Vendor." "Local Vendor" means a vendor, contractor, or consultant who has a valid physical business address located within the boundaries of the City of Temecula, at least six months prior to bid or proposal opening date, from which the vendor, contractoc, or consultant operates or performs business on a day-to-day basis, and holds a valid business license issued by the City of Temecula and designates, for sales tax purposes, the City of Te;m c�ula as the point of sale for retail transactions within the City. Post office boxes are not verfiable and shall not be used for the purpose of establishing such physical address. ��fj� //� %� ,,% A business which has obtained City certification a��a Local Ventlo�� by reason of having furnished incorrect supporting information or by reaso��of having wifh�h��e,�ld info� and which knew or should have known, the information furnished was incorrectjor tlie%information i/,!�J//i.i %%!.. '//'/ //�//� withheld was relevant to its re uest for certification�and which by reason of�such certification Q i�/i%' iioili.,.. • �i/i/, "%% has been awarded a contract to which it would�not ofhe. ha�e>been entitled; shall: // ��%f/i,, �f / ��%J/��,. /"/,/j� , 1. Pay the City anyfd�fferencej, �he contract�arn�unt and what the City s costs would hav°,, jb �n if the;contract had been pcoperly awarded. f% ��i��/,�/� •/l/�i. �%/i. fr� 2. In addition to the amoun,,describeci- in sub section (i) above be assessed �/i,. �.. /,/��,. a penalty in an amo of�not more�<than ten percent (10%) of the amount of the`�coritract invol and�/ ��% • i/�j f��///�%� , ,�� , /ff �fi�� % f/i'1�,,. �� 3. Be ineligible business with the City for a period of not less %;;�;� than three��3�)� monfh,s��antl not more than twenty-four (24) months as � -��,,/�ff , ,o,� , > /i��, � ��.tl;etermined in'-.tl,ie diseretion of the City Manager. The City Manager �i�� have t,tie right to terminate all or any part of any contract �entered i �/ suc�person or business. � / /�' %' � � l � /` /,�� ,;`;% f%%% `. %j � �� / �'rf/,/,,�/`/��e.�%�� ''�;'; i�i %�% %i, ,� .'%' ,� ,, f�j,�i% CITY OF TEMECULA [Insert Project Name] STATEMENT OF LOCAL VENDOR CERTIFICATION Qualified Local Vendors desiring consideration under the City of Temecula Local Vendor Preference Program.must complete the following and submit with their Proposal (print or type): I, , (Individual Submitting Bid) (Title) of/for certify that (Company Name) (Company Name) is a City of Temecula �ocal Vendor as defined under the Local Vednor Preference Program - Services section of this solicitation (titled ) and therefore qualifies for the Local Vendor Preference. /j /� �� Signature Title �"'% f Date f��f f � �i`i','; �. " ,�''i,. NOTIFICATION OF OPPORTUNITY��O REDUCE "BI f� ;%/� ii��io�,�:- � ��/o- � The Local Vendor will be notified of his/her opp�ortunify�to reduce its bid under;,C�y of Temecula Local Vendor Preference. Local Vendor must'elect t reduce its�bid or quote to match the bid or ��//� � �i�//% '�//'�,. �/l%• quote of the lowest bidder, in writing, within o/�e (1) business day,,�(e ��uding weekends and holidays) of being notified of their status;by the�Cit�y. Nofiification to Vendor shall be considered , ��fl,, �i��, . i!�/�� ; r�� complete upon City s transmission of,e-mail (potentiall.yPthrough City s�°online bid management system) or Fax. ��%/� �///�j � The Local Vendor shall state his/her pr:efer:red methocl jof notification below along with the ��, ��%� � -., appropriate e-mail address and Fax numb'er. N will be limited to one of those �i/ %, ��,. , /i�, two (2) methods. It will bej; h%Local ; Ventlor s responsibility to check his/her e-mail or Fax messages for notification. The; Ven,dor,s dela,y. , in rece��ing his/her notification will not alter the /%fr r:. y,.. � ,�i; � one (1) business day period allowed for,re=bid-submission. � „ "�`�'%dl%,; ��.'�;;��i f/%%.� Local Vendor to Cornplete: �;%�, /j i �,,,� fj.. ��/-; ��/////ii:, . / f%/i,, Indicate ONE'method;for notification of Local.Vendor re-bid by providing the appropriate e-mail addres�j %�Fax number% this�docum nt as a part of your quotation. �r' °�' ��,�'``� �� f/ �� E-Mail �'%,, °'��,/�,',, Fax Numbe'r%%Itlenfif` ;'�-ontact;Person if Usin a Fax Number : - ��,��::: - .� ,�,� �"%: �%/ _ ;%i/j,, ... �% �:��%i;` � /r/ Attachment D Sample Corporate Sponsorship Agreement Terms and conditions: THIS AGREEMENT is made and effective as of 12. Prohibited Interests: No officer, or employee of the City that has participated in , between the CHOOSE AN ITEM, a CHOOSE AN ITEM (hereinafter the development of this Agreement or its approval shall have any financial interest, referred to as "City"), and , a (hereinafter direct or indirect, in this Agreement, the proceeds thereof, the Sponsor, or Sponsor's referred to as "Sponsor"). In consideration of the mutual covenants and conditions sub-Sponsor for this project, during his/her tenure or for one year thereafter. The set forth herein, the parties agree as follows: Sponsor hereby warrants and represents to the City that no officer or employee of The City grants to the Sponsor the non-exclusive sponsorship rights set out in this the City that has participated in the development of this Agreement or its approval agreement. has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Sponsor or Sponsor's 1. Pavment: I, as the representative of the Sponsor, understand full payment must sub-Sponsor on this project. Sponsor fuRher agrees to notify the City in the event be received at the following address, as indicated in the brochure, in order to any such interest is discovered whether or not such interest is prohibited by law or receive recognition: City of Temecula, 41000 Main Street, Temecula, CA 92590. this Agreement. 2. Term: This Agreement shall be effective from the date first set forth at signature 13. Governinq Law: The City and Sponsor understand and agree that the laws of of agreement, through the event at the end of the day, [Insert Date]. the State of California shall govern the rights, obligations, duties and liabilities of the 3. Event Date: The event will be held rain or shine on [Insert Date]. parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or 4. Sponsor Licensed Marks: Sponsor grants, a limited, non-exclusive license to federal district couR with geographic jurisdiction over the City. In the event such the City to use Sponsor's name, logo, service marks and trademarks solely for the litigation is filed by one party against the other to enforce its rights under this purpose of including Sponsor in listings and descriptions of the City event Sponsors Agreement, the prevailing party, as determined by the Court's judgment, shall be during the term of this Agreement. The City shall not sub-license, transfer or assign entitled to reasonable attorney fees and litigation expenses for the relief granted. the use of the Sponsor Licensed Marks to ariy person or entity without the prior consent of Sponsor. 14. Authoritv to Execute This Apreement: The person or persons executing this Agreement on behalf of Sponsor warrants and represents that he or she has the 5. Sponsor/Benefits Pavment: Sponsor shall receive the [Insert Sponsorship authority to execute this Agreement on behalf of the Sponsor and has the authority Level, e.g. Gold Level status] set forth in [Insert Name of Program, e.g. to bind Sponsor to the performance of its obligations hereunder. The City Manager Winterfest] Sponsorship Application Packet, attached hereto and incorporated is authorized to enter into an amendment on behalf of the City to make the following herein as though set forth in full. Sponsor shall pay its sponsorship donation on or non-substantive modifications to the agreement: (a) name changes; (b) extension of before [Insert Date]. Failure to pay any portion of the sponsorship donation by the time; (c) agreement termination. above due date may result in the forfeiture of Sponsor's sponsorship benefits. The I have read, understand and agree to the Corporate Sponsorship Program terms City requires Sponsor to provide written documentation to support the value of any and conditions (above). in-kind donation prior to accepting such donations as credit towards SponsoPs sponsorship donation. 6. Saonsorship Cancellation: Neither Sponsor nor the City shall be responsible for damages that result in delays or postponements �of the City event due to circumstances beyond their reasonable control. In the event that the City event does not take place, Sponsor's sponsorship fee as set forth above shall be treated as a donation to the City and shall not be refunded. 7. Relationshia of Entire Aqreement: The paRies in this Agreement have no legal Sponsor Rep�esentative Signature Date relationship other than as contracting parties to 4his Agreement. This Agreement represents the entire Agreement between parties and supersedes any prior understandings or agreements. 8. Notices: Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of City of Temecula Signature Date delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: CHOOSE AN ITEM P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service or Hand-Deliveries ONLY: City of Temecula Attn: CHOOSE AN ITEM 41000 Main Street Temecula, CA 92590 To Sponsor: Company Name Attn: Address: 9. Assiqnment: The Sponsor shall not assign the rights on the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Sponsor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Sponsor. 10. Termination: The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Sponsor at least twenty four (24) hours prior written notice. If this Agreement is terminated, the City shall refund any donation made by Sponsor within ten (10) days of termination date. 11. Amendments to the Aqreement: Any amendment to this Agreement shall only be valid if the amendment is in writing and signed by both parties.