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19-194 Amendment #2 dated 12-7-23 Acuity Brands Technology Services1 SECOND AMENDMENT TO AGREEMENT 19-194 BETWEEN THE CITY OF CUPERTINO AND ACUITY BRANDS, INC., FOR BUILDING ENERGY MANAGEMENT PLATFORM This Second Amendment to Agreement 19-194 between the City of Cupertino and ACUITY BRANDS, INC., is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and ACUITY BRANDS, INC., a (“Contractor”) whose address is 55 Harrison St., #200, Oakland, CA. 94607, and is made with reference to the following: RECITALS: A.On December 17, 2019, Agreement 19-194 (“Agreement”) was entered into by and between City and Contractor for Building Energy Management Platform. B.On November 30, 2022, First Amendment (“Agreement”) was entered into by and between City and Contractor for Building Energy Management Platform. C.City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM 1.Paragraph 1 is modified to read as follows: The term of this Agreement shall commence on December 10, 2019. The term of this Agreement is 5 years, unless the Agreement is terminated prior thereto under the provisions of Section 16, below. COMPENSATION 2.Paragraph 1 is modified to read as follows: Software Provider shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed $227,500.00. The payments specified in this section shall be the only payments to be made to Software Provider for services rendered pursuant to this Agreement. Software Provider shall invoice City according to the following schedule of milestones/ deliverables: Milestone Schedule Amount Upon execution of this Agreement Year 1 (Initial Period) December 10, 2019 through December 9, 2020 $45,500 Year 2 (Renewal 1) December 10, 2020 through December 9, 2021 $45,500 Year 3 (renewal 2) December 10, 2021 through December 9, 2022 $45,500 Year 4 (renewal 3) December 10, 2022 through December 9, 2023 $45,500 Year 5 (renewal 4) December 10, 2023 through December 9, 2024 $45,500 total $227,500 2 City shall pay Contractor within thirty (30) days after receipt of Service Provider’s invoice. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper. 1.Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date ACUITY BRANDS, INC. By Title Date EXPENDITURE DISTRIBUTION Item Amount Original Contract $136,500 First Amendment $45,500 Second Amendment $45,500 Total $227,500 Karlee Kennedy VP Global Sales Dec 1, 2023 Christopher D. Jensen City Manager Dec 7, 2023 Dec 7, 2023 Your acceptance of this Formal Quote will create a non-cancellable purchase commitment, effective as of the date this Formal Quote is signed by the duly authorized officer(s) or representative(s) of the Purchaser (the "Effective Date"). Unless otherwise stated in Section F below, this Quotation is governed by, and all terms herein are defined the same as in, the Software as a Service Terms and Conditions which are available at https://www.acuitybrands.com/support/customer-support/terms-and-conditions, incorporated herein by reference. Contracting Company: City of Cupertino End User Shipping Address City of Cupertino 10300 Torre Ave Cupertino, California 95014-3202 United States Marilyn Pavlov marilynp@cupertino.gov Company Details Acuity Brands Technology Services, Inc. 1170 Peachtree Street, NE Suite 2300 Atlanta, GA 30309-7676 US Wanda Ferraro wanda.ferraro@acuitybrands.com Section B: Quote and Expiration Date Quote Expiration Date 12/8/2023 Order Form #2310-4150 Section C: Commercial Terms Initial Term (Years) Auto Renewal Term (Years) Subscription Start Date Non-Renewal Notice Annual Price Adjustment 1.00 0.00 12/10/2023 days 0% Section D: Payment Method and Terms - First invoice(s) sent upon contract signature with agreed upon payment terms. Implementation & Hardware Terms Due on Receipt (prior to commencement of services) Software Subscription Terms Payment Method Invoice Amount Billing Frequency Net 30 ACH Total First Year Annual Section E: Fees and Charges All amounts are denoted in U.S. Dollars ("USD"). If applicable, the estimated tax amount will be applied on the invoice in addition to the fees and charges noted below. *Taxes are estimated only. Customer agrees to pay the tax rate applicable to the End User Shipping Address if provided, or Billing Address if no End User Shipping Address is provided. Subscription Product Description Quantity Total Atrius Platform Includes all Atrius Strategic Services, including dedicated Customer Success Manager 1 $45,500.00 Software Subscription: Building Facilities included in platform fee up to 17 1 $0.00 Points: Automated 68 $0.00 Bill Points: Automated 369 $0.00 Total Amount Due (First Year Only): The contract value for the 1.00 year term is $45,500.00 (tax not included). Implementation Services will commence upon receipt of first payment. Annual Subscription Cost: Implementation Cost: Hardware Cost: *Estimated Tax (Year 1): Total (Year 1): $45,500.00 $0.00 $0.00 $0.00 $45,500.00 Section F: Notes If Purchase Order (PO) is required it must be delivered to the Company within 15 business days following Effective Date to avoid disruption in current service. The Purchase Order must reference Order Form # 2310-4150 If applicable, I hereby authorize Acuity Brands and its service provider to use my credentials to access my utility account information and use the utility information in connection with my transaction with Acuity Brands. Section G: Billing Information (customer completes) PO Required Yes / No (If yes) PO Number: Tax Exempt?Yes / No Billing Address: 10300 Torre Ave Cupertino, California 95014-3202 United States Billing Contact:IT Billing Billing Email:MarilynM@cupertino.org, ITBilling@cupertino.org Billing Phone:(408) 777-3238 *Electronic remittance information is provided on the invoice. Checks are not an accepted payment method. IN WITNESS WHEREOF, the Purchaser's duly authorized officer(s) or representative(s) have executed this Agreement as of the Effective Date. Customer Acuity Brands Technology Services, Inc. Signature \s1\ Name \n1\ Title \t1\ Date \d1\ Signature \s2\ Name \n2\ Title \t2\ Date \d2\ Karlee Kennedy Karlee Kennedy VP Global Sales Dec 1, 2023 Bill Mitchell CTO Dec 7, 2023 Contract No. ________ Exhibit B: Insurance Requirements and Proof of Insurance Proof of insurance coverage described below is attached to this Exhibit, with City named as additional insured. 1. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES Additional Insureds: The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s Commercial General Liability and Cyber Liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage: Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self- insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Software Provider’s insurance and shall not contribute to it. Notice of Cancellation: Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Software Provider, its employees, agents, and subconsultants. General Liability: For bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Software Provider’s policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). Contract No. ________ c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Agreement. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured. Automobile Liability ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. Cyber Liability: Insurance, with limits not less than: $2,000,000 each occurrence $2,000,000 aggregate - all other Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Software Provider in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. If the Software Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Software Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 2. ABSENCE OF INSURANCE COVERAGE. City may direct Software Provider to immediately cease all activities with respect to this Agreement if it determines that Software Provider fails to carry, in full force and effect, all insurance policies with coverages at or above the limits specified in this Agreement. At the City’s discretion, under conditions of lapse, City may purchase appropriate insurance and charge all costs related to such policy to Software Provider. 3. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION. A Certificate of Insurance, on an Accord form, and completed coverage verification shall be provided to City by each of Software Provider's insurance companies as evidence of the stipulated coverages prior to the Commencement Date of this Agreement, and annually thereafter for the term of this Agreement. All of the insurance companies providing insurance for Software Provider shall be licensed to do insurance business in the State of California and shall have, and provide evidence of, a Best Rating Service rate of A:VII or above. Contract No. ________ 4. SUBCONTRACTORS Software Provider shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. 5. HIGHER INSURANCE LIMITS If Software Provider maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Software Provider. 6. ADEQUACY OF COVERAGE City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certi®cate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certi®cate does not confer rights to the certi®cate holder in lieu of such endorsement(s). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. $ CERTIFICATE HOLDER © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE OTHER: LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED HIRED NON-OWNED AUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ $ INSD ADDL WVD SUBR N / A $ (Ea accident) (Per accident) The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE $ $ $ $ $ XRGNVR9F City of Cupertino 10300 Torre Ave Cupertino, CA 95014-3202 2,000,000W1F9A2230701 404 497-7500 Cyber/Tech E&O Beazley Insurance Company, Inc. Aggregate Limit of Liability 36940 37540 Indian Harbor Insurance Company 11/01/2024 McGriff Insurance Services, LLC 3400 Overton Park Drive SE Suite 300 Atlanta, GA 30339 Acuity Brands, Inc. One Lithonia Way Conyers, GA 30012 11/07/2023 A B 11/01/2023 Page 1 of 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis Towers Watson Southeast, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Acuity Brands, Inc. ONE LITHONIA WAY CONYERS, GA 300123957 This Voids and Replaces Previously Issued Certificate Dated 09/25/2023 WITH ID: W30302622. Re: Building Energy Management and Analytics Program. City, its City Council, boards and commissions, officers, employees and volunteers are included as Additional Insureds as respects to General Liability and Auto Liability. City of Cupertino Attn: Marilyn Pavlov 10300 Torre Ave Cupertino, CA 95014-3202 11/07/2023 1-877-945-7378 1-888-467-2378 certificates@willis.com National Union Fire Insurance Company of P 19445 AIU Insurance Company 19399 W31015025 A 3,000,000 3,000,000 50,000,000 12,000,000 Y GL 1728978 09/01/2023 09/01/2024 A 5,000,000 09/01/202409/01/2023YAL 4993211 A 10,000,000 25,000 38178804 09/01/2023 09/01/2024 10,000,000 WC 049154361 B Y 3,000,000 09/01/2023 09/01/2024 3,000,000 3,000,000 320086024933566SR ID:BATCH: Willis Towers Watson Certificate Center Page 1 of 2 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Acuity Brands, Inc. ONE LITHONIA WAY CONYERS, GA 300123957 Waiver of Subrogation applies in favor of Additional Insureds with respects to Workers Compensation as permitted by law. 22 Willis Towers Watson Southeast, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W31015025CERT:3200860BATCH:24933566SR ID: ! "# "# " $% &' " ' ("$) * +, )$- . /01%($ .- #' . 2 # 1"3% 4 4 ! " "" #$ #$ ! % &' %% '#( ) " *" ( %*"%% + %% '#(,) " - , -% % % ,*.-% % '/ # 0% ( '/*" %% ) " ( # + 1 "# + '/*" %% 1 ,# -% ""%% 2 ,1 3-4" 1 % 2 1 5 % " '/# ( 6 " 7 "#" 6 " 4 # + 6 " 4 # + , - 6 " 6 " ## "%*"( 4"%46( 4:;" 5& ," - *"5 4 5% *"5 % % *"5 #( *#< %%,= - 6% .41 #" .4%% % %46%% %/ $%,8.- 0>5" ( 1 % ? 5, - 1 % ? 58#%% SPECIMIncludes This endorsement, effective 12:01 A.M. ENDORSEMENT 09/01/2020 forms a part of Policy No. CA 499-32-11 issued to ACUITY BRANDS, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person's or organization's liability arising out of the use of a covered "auto". I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE 87950 (9/14) opyrighted information of Insurance Services Office, Inc., with its permission. Page 1 of 1 09/01/2023 09/01/20 AIU INSURANCE CO Second Amendment BuildingOS Final Audit Report 2023-12-08 Created:2023-12-01 By:Marilyn Pavlov (marilynp@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAudfW046_kZ-EJ0c7IrUKy9-ZJUkxtgNb "Second Amendment BuildingOS" History Document created by Marilyn Pavlov (marilynp@cupertino.org) 2023-12-01 - 5:22:41 PM GMT- IP address: 69.181.168.76 Document approved by Marilyn Pavlov (marilynp@cupertino.org) Approval Date: 2023-12-01 - 5:26:51 PM GMT - Time Source: server- IP address: 69.181.168.76 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2023-12-01 - 5:26:53 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2023-12-01 - 8:07:40 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to karlee.kennedy@acuitybrands.com for signature 2023-12-01 - 8:07:42 PM GMT Email viewed by karlee.kennedy@acuitybrands.com 2023-12-01 - 9:06:54 PM GMT- IP address: 104.47.55.254 Signer karlee.kennedy@acuitybrands.com entered name at signing as Karlee Kennedy 2023-12-01 - 9:23:49 PM GMT- IP address: 73.167.52.197 Document e-signed by Karlee Kennedy (karlee.kennedy@acuitybrands.com) Signature Date: 2023-12-01 - 9:23:51 PM GMT - Time Source: server- IP address: 73.167.52.197 Document emailed to christopherj@cupertino.org for signature 2023-12-01 - 9:23:53 PM GMT Email viewed by christopherj@cupertino.org 2023-12-01 - 9:33:54 PM GMT- IP address: 104.47.73.254 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2023-12-01 - 9:34:15 PM GMT- IP address: 136.24.22.194 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2023-12-01 - 9:34:17 PM GMT - Time Source: server- IP address: 136.24.22.194 Document emailed to Bill Mitchell (billm@cupertino.org) for signature 2023-12-01 - 9:34:19 PM GMT Email viewed by Bill Mitchell (billm@cupertino.org) 2023-12-07 - 7:47:42 PM GMT- IP address: 104.47.73.126 Document e-signed by Bill Mitchell (billm@cupertino.org) Signature Date: 2023-12-07 - 11:40:31 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Pamela Wu (pamelaw@cupertino.org) for signature 2023-12-07 - 11:40:33 PM GMT Email viewed by Pamela Wu (pamelaw@cupertino.org) 2023-12-07 - 11:45:14 PM GMT- IP address: 104.47.74.126 Document e-signed by Pamela Wu (pamelaw@cupertino.org) Signature Date: 2023-12-07 - 11:45:34 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2023-12-07 - 11:45:36 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2023-12-08 - 0:12:42 AM GMT- IP address: 104.47.74.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2023-12-08 - 0:12:53 AM GMT - Time Source: server- IP address: 162.245.20.145 Agreement completed. 2023-12-08 - 0:12:53 AM GMT