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24-047 Pacific West Security, Inc. Sonitrol for Security and Fire Alarm Monitoring for City FacilitiesSecurity and Fire Alarm Monitoring for City Facilities Page 1 of 9 Professional/Consulting Contracts /Version: April 2024 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Pacific West Security, Inc. DBA Sonitrol (“Contractor”), a Corporation for Security and Fire Alarm Monitoring for City Facilities, and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2027 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 30, 2027. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. Security and Fire Alarm Monitoring for City Facilities Page 2 of 9 Professional/Consulting Contracts /Version: April 2024 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $200,000.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Security and Fire Alarm Monitoring for City Facilities Page 3 of 9 Professional/Consulting Contracts /Version: April 2024 Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. Security and Fire Alarm Monitoring for City Facilities Page 4 of 9 Professional/Consulting Contracts /Version: April 2024 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will 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 this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; Security and Fire Alarm Monitoring for City Facilities Page 5 of 9 Professional/Consulting Contracts /Version: April 2024 (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit aris ing out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, or a purchase order, or other transaction. 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. Security and Fire Alarm Monitoring for City Facilities Page 6 of 9 Professional/Consulting Contracts /Version: April 2024 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Jimmy Tan as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Joanie Andrews as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. Security and Fire Alarm Monitoring for City Facilities Page 7 of 9 Professional/Consulting Contracts /Version: April 2024 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. 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. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. Security and Fire Alarm Monitoring for City Facilities Page 8 of 9 Professional/Consulting Contracts /Version: April 2024 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Jimmy Tan Email: JimmyT@cupertino.org To Contractor: Pacific West Security, Inc. DBA Sonitrol 1587 Schallenberger Rd San Jose, CA 95131 Attention: Joanie Andrews Email: jandrews@sonitrolsv.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. SIGNATURES CONTINUE ON THE FOLLOWING PAGE Security and Fire Alarm Monitoring for City Facilities Page 9 of 9 Professional/Consulting Contracts /Version: April 2024 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Joanie Andrews Joanie Andrews Director, Client Relations May 13, 2024 Christopher D. Jensen Chad Mosley Director of Public Works May 13, 2024 May 13, 2024 EXHIBIT A SCOPE OF WORK A. GENERAL REQUIREMENT 1. The Contractor shall furnish all labor, tools, transportation, supplies, equipment, materials, and supervision necessary to perform the work as described in this section for the locations identified in Attachment B. 2. All work shall be done in a first class, complete and workmanlike manner, confirming to best industry practices and applicable original manufacturer specifications and in accordance with the local, state and federal codes. 3. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions in connection with the work and shall comply with all applicable safety laws, best industry standards, and take all reasonable precautions for safety of the public, City employees and other persons on or about the property. 4. Contractor and its staff shall perform all work in such manner as not to inconvenience building occupants. 5. Contractor shall complete work to the satisfaction of the City. B. SECURITY AND FIRE ALARM MONITORING SERVICES 1. Contractor shall be responsible for the initial programming/reprogramming of all security and alarm panels to dial to the appropriate central station. 2. Contractor shall provide twenty-four (24) hour monitoring and dispatching services from an approved central station. The central station must be capable of monitoring and providing radio or cellular backup. The central station monitoring services shall comply with all local, state or national codes. 3. During work hours, Contractor shall report alarm faults to the Public Works Department. Normal working hours are considered to be 8:00 AM to 5:00 PM Monday through Friday. 4. During off-work hours, Contractor shall automatically dispatch the County of Santa Clara Sheriff (“Sheriff”) for all security and panic alarms. 5. The Contractor shall keep record of all alarms. The record shall include time received, the time that the City was notified, and any other pertinent information such as the time of Sheriff dispatch, etc. 6. Contractor shall perform annual testing of the alarm systems. The Contractor shall provide a proposed schedule for annual testing to the City a minimum of two weeks before the actual inspections occur. The annual required testing of the fire alarm panels, and related equipment shall be in accordance with NEPA 72 test methods and the 2019 California Fire Code. 7. Contractor shall respond to all on-call maintenance requests in accordance with Section D. Requests may include but are not limited to repairs/updating of the existing security alarm control panels, communicators and associated control equipment, power supplies, standby batteries and chargers, intrusion system keypads, motion detectors, glass break sensors, panic alarms, audible devices, and other pertinent equipment to the security alarm system. 8. Contractor shall respond to non-urgent maintenance items within 48 hours of notification. 9. Contractor shall respond to urgent maintenance items within 4 hours of notification. The following items will be considered an urgent need for the City: repeating active fire alarms due to malfunctioning sensors, supervisory alarms related to the fire suppression systems, malfunctioning exterior door security sensors, keypad malfunctions, and other related issues that could result in compromised building security or fire risk. C. SECURITY ALARM SYSTEM REPAIR SERVICES 1. Contractor shall perform repair of fire alarm systems as requested by the City in accordance with Section D. Repairs may include but are not limited to fire alarm control panels, communicators, associated control equipment, power supplies, standby batteries and chargers, annunciator stations, equipment sensors, heat detectors, duct detectors, smoke detectors, fire dampers and related sensors, tamper sensors and other pertinent equipment. 2. Contractor shall provide a cost proposal for work outside the scope of services for replacement or repair of security alarm systems prior to commencing the work. D. AS NEEDED / ON-CALL SERVICES 1. The Work must comply with this Contract and with each Service Order issued by the City’s Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in this Attachment A. 2. Service Orders. Before issuing a Service Order, the City Project Manager will request that Work be done in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal at no cost to the City, that includes a specific Scope of Work, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for the Work, attached and incorporated here as Exhibit E. The Service Order will specify the Scope of Work, Schedule of Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures based on the City’s best interests. 3. In emergency situations, the City Project Manager may execute a Service Order for emergency work based on oral conversations with the Contractor, without adhering to the full process outlined in this section. Contractor will not be compensated for Work performed without a duly authorized and executed Service Order. 4. Contractor must complete the Work within the time specified in each Service Order, and under no circumstances should the Work go beyond the Contract Time. 5. Compensation for Work provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order. 1 | P a g e CITY OF CUPERTINO RFP FOR SECURITY AND FIRE ALARM MONITORING SERVICES RFP Date: March 8, 2024 To whom it may concern, Please accept this as a formal proposal for Sonitrol, Pacific West Security, Inc. to the above-listed RFP. We understand what the city requires regarding work and experience, and that by submitting this proposal we accept the conditions of the contractor contained in this RFP. We have reviewed and do accept the City’s contract, including indemnification and insurance coverage requirements without modification. As the chosen contractor, we agree to furnish all labor, tools, equipment, materials, and supervision outlined in the scope of work. We do agree to comply with all regulations and safety precautions listed on the product and equipment labels. We also acknowledge that we are currently registered with the California Department of Industrial Relations with DIR # 1000011871 under Pacific West Security, Inc. trade name: Sonitrol. The cost proposal for services is listed separately using the Attachment B, pricing table submitted in the RFP. As the current vendor for all City of Cupertino sites, we have also included a separate spreadsheet, Attachment A, indicating the services, account numbers, panel types, and monthly fees. We understand that the pricing we are submitting is for a three-year contract term. In response to the work plan and approach, we understand that we, the contractor, are required to perform all work with labor, tools, and materials necessary to meet industry standards and regulations. This includes safety compliance, minimizing inconvenience to occupants, satisfying the city's requirements, programming security panels, providing 24-hour monitoring services, reporting alarm faults, dispatching local authority for alarms during off-hours, keeping records 2 | P a g e of alarms, conducting annual testing, responding to maintenance requests for security and fire alarm systems and offering cost proposals for additional work as needed. This will ensure timely responses to both urgent and non-urgent maintenance issues related to the systems. Sonitrol installs, services, and monitors tailor-made security solutions to fit the need of any commercial, government, and municipality applications since 1976. Sonitrol specializes in installing, monitoring, and servicing Intrusion, Access Control, Camera, and Fire Systems utilizing multiple alarm industry brand vendor certifications. The Principals at Sonitrol of Silicon Valley include the following: Paul Shumate is the Chairman and CFO and has been with the organization since 1984 when he joined the team. In 1986 he purchased the franchise and over the years he has led the growth of the business into what we know today as Sonitrol of Silicon Valley and added the Sonitrol of Utah franchise in 2004. Paul draws on a wealth of leadership experience from both his time in the banking and aviation industries and has roots in the Pacific Northwest. Dan Shumate is the President and CEO for Sonitrol of Silicon Valley and Sonitrol of Utah. Dan began his Sonitrol career in 2000 as a Security Consultant at Sonitrol Pacific in Portland, achieving the Circle of Excellence award within his first three years. In 2004 Dan relocated to Utah to oversee and increase the sales growth for the newly acquired Utah franchise. Dan and his family have since moved to Silicon Valley and he splits his time between the two offices. Kari Herzig is the COO and has 30 years’ experience with Sonitrol Security. She began her career with Sonitrol of Santa Clara in 1988 by performing many roles including accounting, customer service, central station, and operations. In 2009 Kari took over operations for Sonitrol of Silicon Valley. Bert Fernandez is the Controller. Bert is an accounting professional who also has extensive experience in IT network infrastructure, database design and database administration. He graduated from the State University of New York at New Paltz with a Bachelor of Science degree and majored in Accounting and Business. Bert has over thirty years of corporate accounting experience. 3 | P a g e Marcus Lindley is the Director of IT for Sonitrol of Silicon Valley and has over 22 years of experience with technology systems in the alarm industry. Marcus has been building and maintaining central station networks, alarm receiving equipment, as well as software infrastructure for alarm monitoring stations on the west coast and Hawaii, servicing over 50,000 alarm system clients in his 22+ years of work. Marcus uses his technical knowledge and experience to help with the technical challenges inside the company and externally with customers to help address client needs. Joanie Andrews is the Director of Client Relations. She started with Sonitrol in 2006 as a Security Consultant. Prior to Sonitrol of Silicon Valley, Joanie worked with a national insurance organization holding the roles of Territory Trainer and Regional Manager. Her prior work included business development management and head of training for an HR Consulting firm. Joanie holds a BA in Health Care Administration and Organizational Management. We currently have 32 employees working at Sonitrol. Other pertinent members of our team that work closely with all customers daily include the following: Oscar De La Herran, our Special Projects Engineer who has been with Sonitrol of Silicon Valley for 35 years. Pablo Lucero, our Installation Coordinator who has been with us for 8 years, Jennifer Lamas, our Service Coordinator who has been with us for 10 years, and Vanessa Driscoll who is our Sr. Client Relations Specialist and has been with us for 14 years. We submit the following three required references for you review: California Water Service; Carl Chan, Manager of Fleet, Facilities & Equipment (408) 367-8357 cchan@calwater.com Los Gatos-Saratoga Union School District; Toby Mockler, Director of Facilities, Maintenance, Operations & Transportation (408) 375-8152 tmockler@lgsuhsd.org Sunnyvale School District; Jeff Engel, Manager of Operations (408) 522-8229 jeff.engel@sesd.org Other Sonitrol of Silicon Valley customers with multiple sites where we provide security, access control, camera systems, and fire include Santa Clara County, Santa Clara County Library District, South San Francisco School District, Prometheus Real Estate, and San Jose Police Department. Account #Account Name Account Address Panel Type Burg Fire Mont Fire ESA Fire Insp Access Cell Elevator Term On-Line A60158 City of Cupertino-Library 10800 Torre Ave. XR150 $113 5 3/26/2021 S2 City of Cupertino-Library 10800 Torre Ave. Node $212 A80160 City of Cupertino-Library 10800 Torre Ave. XR200/Dialer only $48 $32 $32 5 9/15/2004 A80165 City of Cupertino-Community Hall 10350 Torre Ave.Dialer is XR200 $48 $32 $32 5 10/22/2004 A60133 City of Cupertino-Community Hall 10350 Torre Ave.XR200 $114 5 10/26/2004 A140150 City of Cupertino-City Hall 10300 Torre Ave Radionics 8112 B/F $133 Included $26 $49 5 3/28/1996 S2 City of Cupertino-City Hall 10300 Torre Ave 32 Controller $583 5 3/28/1996 City of Cupertino-City Hall Elevator 10400 Torre Ave.$37 140171 City of Cupertion-Recreation Area 22601 Voss Ave.SK5207 $157 $13 $49 5 3/14/2000 MCC23440 City of Cupertion-Recreation Area 22601 Voss Ave.DMP150 $50 5 6/19/2019 MCC23388 City of Cupertino- Quinlan Comm Cntr 10185 N. Stelling Rd.XR550DNFC $103 $48 $45 5 1/22/2021 S2 City of Cupertino- Quinlan Comm Cntr 10185 N. Stelling Rd.Node $150 A60134 City of Cupertino- Senior Center 21251 Stevens Creek Blvd. XR200 $26 $32 5 4/1/2000 A60149 City of Cupertino-Corp Yard 10555 Mary Ave. XR200 $52 5 2/24/2005 A60151 City of Cupertino-Corp Yard 10555 Mary Ave. XR5 $41 $24 $36 5 2/24/2005 S2 City of Cupertino-Corp Yard 10555 Mary Ave. S2 Node $28 3532 City of Cupertino - Maintenance Shop 10555 Mary Ave. FlexIP $131 5 4/6/2016 A60132 City of Cupertino-Sports Center 2111 Stevens Creek Blvd. XR200 $97 5 2/28/2001 A80132 City of Cupertino-Sports Center 2111 Stevens Creek Blvd. Telguard/Cell $40 $51 $53 5 11/9/2022 3474 City of Cupertino-Traffic Maint.10981 Franco Ct CP2+3350 $122 5 7/26/2010 3498 City of Cupertino-Blackberry Farm Golf Maint.21979 San Fernando Ave.ADV Plus $91 7/1/2009 3497 City of Cupertino-Blackberry Farm Comp Kiosk 21979 San Fernando Ave.CP2+3350 $84 7/1/2009 3499 City of Cupertino-Blackberry Farm Café 21979 San Fernando Ave.CP2+3350 $134 4/14/2011 A60271 City of Cupertino-Blackberry Farm 21979 San Fernando Ave.DMPX200 $84 3/20/2003 MCC16021 City of Cupertino-Creekside Park 10455 Miller Ave. XR150/Cell $90 $25 5 2/13/2023 3512 McClellan Ranch/Blacksmith Shop 22221 McClellan Rd.Ibase $154 5 10/30/2015 A83512 McClellan Ranch/Blacksmith Shop 22221 McClellan Rd.Mircom/Telguard $55 $26 10/30/2015 5659 McClellan Ranch/Museum 22221 McClellan Rd.FlexIP $127 5 9/29/2020 A60129 City of Cupertino-Snack Shack 19784 Wintergreen Dr.XR5 $46 5 7/15/2008 3488 City of Cupertino-Wilson Park 19784 Wintergreen Dr.FlexiBase $87 5 12/1/2014 All accounts highlighted above are covered under the Sonitrol warranty in Attachment C ATTACHMENT A $1,356 Security $1,344 Fire $2,544 Access $1,344 Fire $1,596 Security$6,996 Access $900 Fire $1,116 Fire $312 security $384 Fire $1,008 Security $1,608 Security $1,008 Security $1,572 Security $1,212 Fire $2,628 Fire $1,464 Security $1,164 Security $1,092 Fire $636 Cell Elevator10400 Torre Ave.$37 Elevator $1,368 Security $600 Security $1,236 Security $1,800 Access $624 Security $336 Access * * ** * * * * * * * $1,092 Security $1,044 Security $552 Fire $1,524 Security $660 Fire$312 Cellular $1,848 Security $1,080 Security $300 Cellular Probable partition Probable Partiton Probable partition $46,104 $100 Trip Charge / $232 Hourly Rate (minimum 1 hr) Equipment invoiced for cost of parts if not covered under warranty $75 Trip Charge / 160 Hourly Rate (minimum 1 hr) * * * * * * Sonitrol audio intrusion detection system includes full warranty(commitment to service) attached in RFP Attachment C Pricing includes monitroring, service, and inspections for fire system Pricing includes monitoring and inspections*(All other fire systems are monitoring only) April 2021 ATTACHMENT C Sonitrol audio detection security systems Commitment to Service Sonitrol of Silicon Valley Satisfaction Guarantee On any Sonitrol audio intrusion system up to $10,000, Sonitrol will give a full unconditional refund of your installation fee and remove our equipment from you premises, if for any reason you are dissatisfied with your Sonitrol intrusion system at six (6) months after completion of installation. Full Parts & Labor Warranty During the term of your Agreement, Sonitrol includes a full-service warranty on all parts and labor for normal maintenance. Emergency Service Guarantee Sonitrol guarantees 24-hour service for your emergency service request. If Sonitrol is unable to repair the system, we will arrange and pay for additional on-site protection of your facility until the system is repaired, provided the problem is associated with Sonitrol equipment and is not caused by misuse or abuse of the system, fire, flood, or an act of god beyond the control of Sonitrol. $5,000.00 Performance Warranty For those clients who elect to protect their business with Sonitrol’s impact activated audio detection system, Sonitrol will pay up to $5,000 of your loss (in addition to any insurance you may have) if a forced entry is undetected and the proper authorities are not notified. Refer to the warranty agreement for a full description. $10,000.00 Performance Warranty For those clients who elect to protect their business with Sonitrol’s impact activated audio detection system and access control or video verification, Sonitrol will pay up to $10,000 of a loss (in addition to any insurance you may have) if a forced entry is undetected and the proper authorities are not notified. Refer to the warranty agreement for a full description. False Alarm Guarantee If you receive a fine for a false alarm that was dispatched by Sonitrol and not caused by your personnel, the telephone company or an Act of God, Sonitrol will represent you in canceling the fine or will pay the fine on your behalf. Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) 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 Consultant'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). 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 Contract. 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. 2. 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. 3. 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. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status 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 CGL and automobile 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 Consultant’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. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant 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. Higher Insurance Limits If Consultant 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 Consultant. 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. 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) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 3/25/2024 Alarm Insurance Agency 3001 W.Big Beaver Rd.,Suite 504 Troy MI 48084 800-474-0933 info@alarmins.com McNeil &Co 11150 PACIWES-01 PACIFIC WEST SECURITY INC Sonitrol of Santa Clara/San Mateo County 1587 Schallenberger Road San Jose CA 95131-2434 974621270 A X 1,000,000 X 100,000 X ERRORS&OMISSIONS 5,000 1,000,000 3,000,000 X Y MFPK08585700 11/1/2023 11/1/2024 3,000,000 A 1,000,000 X X X Y MFCA08364403 11/1/2023 11/1/2024 A X 3,000,000 X MFUM10018303 11/1/2023 11/1/2024 3,000,000 X 10,000 A Contents MFPK08585700 11/1/2023 11/1/2024 496914 $10,000 Ded The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies. CITY OF CUPERTINO 10300 TORRE AVE CUPERTINO CA 95014 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. MFPK08585700 The City of Cupertino, its City Council, officers, officials , employees, agents, servants and volunteers 10300 Torre Ave, Cupertino, CA 95014 All Contracted Locations Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 04 13 © Insurance Services Office, Inc.,2012 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. MFPK08585700 The City of Cupertino, its City Council, officers, officials , employees, agents, servants and volunteers 10300 Torre Ave, Cupertino, CA 95014 All Contracted Locations POLICY NUMBER: COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 20 48 10 13 © Insurance Services Office, Inc.,2011 Page 1 of 1 DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II – Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I – Covered Autos Coverages of the Auto Dealers Coverage Form. MFCA08364403 03/18/2024 Pacific West Security, Inc. The City of Cupertino, its City Council, officers, officials 10300 Torre Ave, Cupertino, CA 95014 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. MASTER AGREEMENT #: MA Date: Maximum Compensation: MA End Date: Consultant: Firm Name: Address: Contact: Ph: Email Address: City Project Management Managing Department: Public Works Project Manager: Fiscal/Budget : Master Agreement Maximum Compensation: $ Total Previously Encumbered to Date: Encumbrance this Service Order: Master Agreement Unencumbered Balance: Approvals: Consultant: Date: Manager: Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance: Date: Management Analyst City of Cupertino Master Agreement Service Order Item Description GL Account Code Project Code SO Acc't #: Project #: PO #: Date: EXHIBIT E Sonitrol for Security and Fire Alarm Monitoring for City Facilities Final Audit Report 2024-05-13 Created:2024-05-10 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAArkzvr3CVp0xnvutGNWjW99QJZKN3snK4 "Sonitrol for Security and Fire Alarm Monitoring for City Facilities " History Document created by Webmaster Admin (webmaster@cupertino.org) 2024-05-10 - 0:15:41 AM GMT- IP address: 35.229.54.2 Document emailed to Jindy Gonzalez (jindyg@cupertino.org) for approval 2024-05-10 - 0:17:28 AM GMT Email viewed by Jindy Gonzalez (jindyg@cupertino.org) 2024-05-10 - 0:17:38 AM GMT- IP address: 104.47.73.254 Document approved by Jindy Gonzalez (jindyg@cupertino.org) Approval Date: 2024-05-10 - 0:17:45 AM GMT - Time Source: server- IP address: 174.85.102.16 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-05-10 - 0:17:47 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-05-10 - 0:22:27 AM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to jandrews@sonitrolsv.com for signature 2024-05-10 - 0:22:29 AM GMT Email viewed by jandrews@sonitrolsv.com 2024-05-10 - 0:48:37 AM GMT- IP address: 104.28.103.16 Signer jandrews@sonitrolsv.com entered name at signing as Joanie Andrews 2024-05-13 - 3:01:04 PM GMT- IP address: 24.171.58.54 Document e-signed by Joanie Andrews (jandrews@sonitrolsv.com) Signature Date: 2024-05-13 - 3:01:06 PM GMT - Time Source: server- IP address: 24.171.58.54 Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature 2024-05-13 - 3:01:09 PM GMT Email viewed by Christopher Jensen (christopherj@cupertino.org) 2024-05-13 - 3:19:40 PM GMT- IP address: 174.194.134.27 Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen 2024-05-13 - 3:21:24 PM GMT- IP address: 174.194.134.27 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-05-13 - 3:21:26 PM GMT - Time Source: server- IP address: 174.194.134.27 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2024-05-13 - 3:21:29 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2024-05-13 - 4:33:14 PM GMT- IP address: 104.47.73.254 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2024-05-13 - 4:33:59 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-05-13 - 4:34:01 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-05-13 - 5:06:23 PM GMT- IP address: 104.47.73.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2024-05-13 - 5:06:33 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2024-05-13 - 5:06:33 PM GMT