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24-153 David Carroll for AV Video Systems Maintenance and Repair ServicesAV Video Systems Maintenance and Repair Services 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 David Carroll Associates, Inc. (“Contractor”), a Corporation for AV Video Systems Maintenance and Repair Services, 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 November 30, 2025 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by November 30, 2025. 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. AV Video Systems Maintenance and Repair Services 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 $155,600.00 (“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 AV Video Systems Maintenance and Repair Services 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. AV Video Systems Maintenance and Repair Services 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 AV Video Systems Maintenance and Repair Services Page 5 of 9 Professional/Consulting Contracts /Version: April 2024 of Contractor or its subcontractors or sub-subcontractors; (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. AV Video Systems Maintenance and Repair Services 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 t he 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 Teri Gerhardt 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 Mark Vinten 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 Man ager 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. AV Video Systems Maintenance and Repair Services 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. AV Video Systems Maintenance and Repair Services 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: Teri Gerhardt Email: terig@Cupertino.org To Contractor: David Carroll Associates, Inc. 1320 S. 51st Street Richmond, CA 94804 Attention: Mark Vinten Email: mvinten@davidcarroll.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 AV Video Systems Maintenance and Repair Services 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 David Carroll President Dec 2, 2024 Christopher D. Jensen Teri Gerhardt CTO Dec 4, 2024 Dec 4, 2024 Prepared by Mark Vinten mvinten@davidcarroll.com Service Contract RFP Response Prepared for Teri Gerhardt CTO - City of Cupertino DCA Guardian SERVICE AND SUPPORT An exceptional service offering not only provides immediate value, but also offers a clear vision for the future and safeguards that vision through innovation and adaptation DCA's service offerings are unique, as we combine availability and expertise to provide a seamless experience for our clients. With a diverse range of offerings, we help to ensure system uptime and protect your capitol investments. Why Choose DCA? Basic Services: Break/Fix Incidents Comprehensive SLA Event Tracking/Logging Emergency Availability Documentation Updates Preventative Maintenance Remote Support Physical Asset Management Firmware Versioning/Tracking Minor Upgrade Planning Sequenced Facility Reports Customized Service Plans Sales@davidcarroll.com www.davidcarroll.com Contact Us: Teri Gerhardt Email: TeriG@cupertino.org Phone: (408) 777-3311 Teri, Thank you for the opportunity for David Carroll Associates (DCA) to provide a proposal for your service contract RFP. David Carroll Associates has a long history of architecting, integrating, and servicing AV facilities throughout the region. We are excited about the possibility of a continued partnership with the City of Cupertino to maintain and enhance your AV systems. This effort aids in ensuring seamless operation and high­ quality broadcasts of Council, Commission, and Staff meetings. Our team is committed to providing dedicated support personnel, timely maintenance, and rapid response to any issues, aligning with the service level expectations to meet your AV needs with professionalism and excellence. Sincerely, Mark Vinten Business Development Manager David Carroll Associates, Inc. mvinten@davidcarroll.com 818­455­6184 Our Proven Process DCA partners with organizations who expect high­performance and value in building and maintaining ambitious technology projects. Innovative project delivery platform Our in­house automation enables us to deliver complex projects on time and within budget, while maintaining the highest standards of quality and innovation. Fearless Engineering DCA hosts a team of fearless engineers who thrive on solving complex problems and turning ambitious ideas into reality. Their expertise and bold approach allow us to take on challenging projects with confidence. If we can’t find it, we build it If the right solution doesn't exist, we create it. This approach has led us to develop custom solutions tailored to the unique needs of our clients, ensuring that no challenge is too big or too specific. Service Contract Background David Carroll Associates has a proven track record of managing successful service contracts across various sectors. We currently provide services to several municipalities, including the cities of Richmond and Cupertino, where we maintain a Time and Materials (T+M) agreement. In addition to our municipal contracts, we have also engaged in a range of other service contracts for high­profile clients such as Chabot College TV, LinkedIn, Dropbox, Apple, UC Berkeley (Economics Department), UC Berkeley Art Museum ­Pacific Film Archive and DocuSign. Our extensive experience with these diverse clients underscores our ability to deliver reliable, high­quality AV support services tailored to meet the specific needs of each organization. David Carroll Associates (DCA) has a current Certificates of Insurance (COI) on file with the City of Cupertino as we are currently servicing the DCA built conference rooms. This ensures that we are fully compliant with the city's insurance requirements for this proposal. Professional Client References available upon request. Proposal Summary This proposal provides an outline and costs for completing services related to the RFP. Proposed start date: December 2024 Proposed completion date: December 2025 Duration: 12 months David Carroll Associates will provide comprehensive AV system maintenance and repair services, ensuring the seamless operation of the City of Cupertino's broadcast and production facilities. We will deliver scheduled maintenance, emergency repair services, and a dedicated on­site support team for Council and Planning Commission meetings. Our team will shadow for the initial two months, ensuring a smooth transition and continuity of service. City of Cupertino will be responsible for any additional equipment needed either for expansion or repairs. Cost of repairs is not included and will be quoted separately. DCA will manage all equipment inventory, OFE spare parts, and OFE loaner equipment when necessary. In addition, we will adhere to a robust Service Level Agreement (SLA), guaranteeing rapid response and resolution times. Our preventive maintenance plan will include quarterly inspections, software updates, and hardware maintenance to prevent issues before they arise. The City of Cupertino will provide access to all AV equipment and facilities, detailed inventory lists, current and accurate system documentation, and historical maintenance records (including any information on current warranty status) to facilitate our work. The city will also coordinate with our team to schedule maintenance visits and ensure availability during Council and Planning Commission meetings. Cupertino will designate a point of contact within the Video Division to oversee the contract and communicate specific needs and requirements. Additionally, the city will provide necessary support for remote and on­site assistance, ensuring our team can effectively manage and maintain the AV systems. Scope of Work The areas and facilities in scope are as follows and as noted in “Supplemental A – Areas in Scope – Equipment.” No additional equipment or facilities are included in our scope or pricing. Requirements outside of this document and agreement will need to be negotiated independently. o Video Control Room o Community Hall o Tie Lines connecting the above locations o Field Equipment o End points noted in “Supplemental A – Areas in Scope – Equipment” EXHIBIT A Maintenance Services Our team will provide regular scheduled maintenance for all AV equipment listed in Attachment A to ensure optimal performance and longevity of your systems. Following maintenance, we conduct comprehensive performance testing and validation of AV systems to confirm their functionality and reliability. In addition, we offer emergency repair services designed to minimize downtime during live broadcasts, allowing your operations to continue seamlessly. DCA has included an estimated cost for emergency repair services below in the Pricing Details section of this proposal. The City of Cupertino will be required to provide David Carroll Associates (DCA) with a detailed schedule of the current routine maintenance practices, as well as historical data on all maintenance previously performed on the AV systems. This information is essential for DCA to fully understand the existing maintenance protocols and ensure continuity in the care and servicing of your equipment. DCA will adhere to the standards and schedules established by this historical data, ensuring that our maintenance efforts align with the city's expectations and the systems' operational history. This approach will help maintain consistency and reliability in the performance of your AV systems. Repair Services We are committed to diagnosing and repairing any AV equipment failures promptly and efficiently. Our repair services include replacing defective components as needed, ensuring your systems remain fully operational. In cases where repairs require extended time, we will advise the City of Cupertino team of the need to provide temporary equipment to maintain uninterrupted service. The cost of repairs or replacement/rental equipment is not included in the DCA pricing. Any additional costing for repairs or replacement/rental equipment will require an additional quote from DCA with an associated PO from the City of Cupertino to DCA. A Purchase Order (PO) from the City of Cupertino must be provided to David Carroll Associates (DCA) before initiating any repairs or maintenance that require additional funding. General Approach David Carroll Associates (DCA) approaches AV service contracts with a focus on reliability, efficiency, and clear communication. Our methodology begins with a thorough understanding of the client's existing systems, supported by detailed documentation and historical data. We provide scheduled maintenance to ensure ongoing system performance and quick response times for any repair needs, prioritizing issues based on severity. Communication is a priority in our service delivery. We maintain open and transparent lines of communication with the City of Cupertino’s team to ensure all services are aligned with their expectations and operational needs. DCA will provide regular reporting and status updates, with email summaries sent weekly by the dedicated service representative. These summaries will detail the work completed, any issues encountered, and the steps taken to resolve them. Additionally, any blockers or challenges preventing resolution will be clearly documented, along with proposed actions to address them. This approach ensures that the City of Cupertino is consistently informed and that any potential issues are managed proactively. David Carroll Associates is committed to delivering a cost­effective and high­value solution in our proposal. We carefully structure our services to provide the best possible outcomes while optimizing costs, ensuring that you receive exceptional service and support without unnecessary expenses. Our approach is designed to maximize the value of your investment, balancing quality, and efficiency to meet your AV system needs in a financially responsible manner. Upgrade Approach David Carroll Associates (DCA) will not perform software upgrades merely for the sake of upgrading. We believe there must be valid, justifiable reasons for any software modifications or updates, such as addressing security vulnerabilities or required system functionality. All upgrades must be approved by the associated vendor. Given the age of the existing equipment, it is DCA's position that maintaining the current configuration is the most prudent approach to ensure stability and reliability. Our focus will be on preserving the integrity and functionality of the systems, minimizing any potential disruptions that unnecessary upgrades might cause. System Changes This proposal outlines a service contract exclusively for the maintenance and repair of the existing AV systems. No modifications to the current system configuration are included unless they are necessary as part of a workaround to resolve a specific service issue. Additionally, this contract does not cover documentation services. It is the responsibility of the City of Cupertino to update any drawings or documentation as required to reflect changes or maintenance performed. This ensures that all updates remain accurate and under the control of the city's records management. Scheduling Expectations To ensure we can adequately plan and provide the highest level of support, David Carroll Associates (DCA) requires a minimum of one month's notice of the schedule of upcoming events. This advance notice allows us to allocate our dedicated resources, coordinate our team, and ensure that all support services are in place to meet the City's needs effectively. David Carroll Associates (DCA) is committed to providing dedicated resources for each aspect of your AV service needs. However, the personnel assigned to routine service and maintenance tasks may differ from those assigned to event support. This ensures that we deploy specialists who are best suited for each specific function, whether it be ongoing system maintenance or live event engineering. Response Times David Carroll Associates (DCA) is committed to doing our best to adhere to the high standards outlined for response and resolution times. While we strive to meet these standards, we acknowledge that they are ambitious, especially given the age of some equipment, the potential lack of manufacturer support, and the end­of­life (EOL) status of certain products. Although we cannot guarantee that we will always be able to meet these exact timeframes, it will remain our goal to provide the fastest and most effective resolution to all issues that arise. We have dedicated resources positioned close to the Cupertino area, ensuring that we can provide timely and consistent support. Additionally, we will identify and prepare additional quick­action personnel in the area specifically for emergency situations. This dual approach allows us to respond swiftly and effectively to any urgent needs, minimizing downtime and ensuring the continued smooth operation of your AV systems. •Response Time: o High Priority: 2­hour response time ­ which means onsite ­ not a phone call recognizing the issue. o Medium Priority: 1 business day o Low Priority: 2 business days •Resolution Time: o High Priority: 4 hours for resolution or workaround o Medium Priority: 3 business days o Low Priority: 5 business days EXHIBIT B Pricing Details The pricing for this proposal has been calculated based on several key factors. We have accounted for two days per week of on­site support for 8 hours each day over the initial two months, as well as event support four times a month for six hours per event for the duration of the contract. Additionally, we have included estimates for break/fix time and emergency service time to ensure that all potential service needs are covered. These estimates are based on standard working hours. If emergency/holiday rates must be utilized, DCA will require written approval prior to service taking place. DCA will adjust its billing accordingly and advise the City of Cupertino prior to billing that the emergency/holiday rates will be included in an upcoming invoice. This comprehensive approach ensures that our pricing reflects the full scope of support required to maintain and manage your AV systems effectively. DCA’s pricing is inclusive of items listed in the attached “Supplemental A – Areas in Scope – Equipment” document, however, any devices or areas outside of this Supplemental A will require separate evaluation and may incur additional costs. Onsite Hours Event engineering support Estimated onsite Break/fix, maintenance Estimated remote support Estimated Emergency Month 1 64 Month 2 64 Month 3 26 33 4 2 Month 4 26 33 4 2 Month 5 26 33 4 2 Month 6 26 33 4 2 Month 7 26 33 4 2 Month 8 26 33 4 2 Month 9 26 33 4 2 Month 10 26 33 4 2 Month 11 26 33 4 2 Month 12 26 33 4 2 Total hours 128 288 320 40 20 Rates 200 200 200 200 200 Cost $25,600.00 $52,000.00 $66,000.00 $8,000.00 $4,000.00 Total $155,600.00 EXHIBIT C RATES The following standard rates will apply as a basis for changes to the project: Onsite Service Technician $200.00 /HR Event Support Technician $200.00/HR Overtime Service Technician $250.00 /HR Emergency/After Hours Service Technician $300.00 /HR Holiday Service Technician $400.00 /HR TERMS For billing purposes, we require a Purchase Order (PO) for the full contract amount at the commencement of the service period. We will bill against this PO as hours are incurred, ensuring transparency and accountability for all work performed. Our billing cycle will be bi­weekly, providing detailed invoices that outline the services rendered. Invoices are to be paid net 30 by the City of Cupertino. As repair costs, additional equipment replacement costs, and materials costs are not included in our baseline pricing, any instances requiring these items will be quoted individually and billed based on net 30 terms. Written approval from the City of Cupertino will be required before David Carroll Associates (DCA) proceeds with any purchases or services related to these additional costs. This ensures that all extra expenditures are pre­approved and documented, maintaining clarity and budgetary control for both parties. Late Payment Clause: Payment terms are net 30 days from the date of invoice. In the event that payment is not received within this period, a late payment fee of [1.5% compounded monthly] per month (or the maximum rate allowed by law, whichever is lower) will be assessed on the outstanding balance. The late fee will accrue daily from the due date until the invoice is paid in full. If payment is delayed beyond [60 days], David Carroll Associates reserves the right to suspend services until the account is brought current. The client will also be responsible for any legal fees or collection costs incurred in pursuing overdue payments. ^hWW>DEd>^: •^ƵƉƉůĞŵĞŶƚĂů A – Areas in Scope – Equipment LABOR COMPLIANCE David Carroll Associates, Inc. will ensure compliance with the following California Labor Compliances: •Living Wage •Prevailing Wage •Electronic Certified Payroll DIVISION of INDUSTRIAL RELATIONS David Carroll Associates, Inc. is registered with the Department of Industrial Relations (DIR), ref. 1000035410, provides professional services for Public Works projects, is familiar with DIR Compliance in the workplace and with compliance reporting requirements including but not limited to required apprentice participation and payments to the Training Fund per state and local requirements. The labor rates listed in the above Pricing Details do not include DIR, Division of Industrial Relations obligations. If required, the City of Cupertino must provide a certified DIR project number in advance of any site work. Any DIR administrative and management requirements will be taken into consideration and appropriate costs will be charged via a Change Order to the City of Cupertino. ASSUMPTIONS •DCA is not responsible for any OFE item replacement or repair costs. •All known OFE is assumed to be in good, functioning, working order in keeping with products intended use. Any equipment with current issues must be revealed to DCA at time of contract signage. •DCA Access requirements: access to project site during normal business hours, parking, loading, and freight elevator (if applicable). •Point of Contact – During onsite work, client shall provide a single point of contact. •Electrical – Electrical circuits to be present and functioning. Electrical is not included in DCA’s current scope •Clean, Dust Free & Safe – It is client responsibility to provide a clean, dust free, and safe environment for DCA, Inc. staff to perform required work including a work bench/lab area •Building Permits – Not required. •Wi­Fi/Network Connectivity – Client to provide network and internet access. •A secure location to store equipment, tools, and/or project related gear within proximity to project location will be provided by Client with location being pre­approved as suitable by DCA Team. Project Scope: In Scope: List areas and functionality included in project. Out of Scope: List areas and functionality not included in project. •Work closely with the Video Division to understand the specific needs and requirements. •Provide timely and professional service. •Ensure compliance with all relevant standards and regulations. •Onsite response time for emergency repairs. •Ability to provide loaner equipment for failed components. •Performance testing and validation of AV systems post-maintenance. •Regular scheduled maintenance of all AV equipment listed in Attachment A. •Diagnosis and repair of AV equipment failures. •Replacement of defective components as needed. •Requesting service and repair •Manufacturer interfacing •Uninstalling, reinstalling repaired/replaced equipment •Updating the City’s repair/maintenance log of completed tasks. •Design Services •Content Creation •Installation of New Systems •Network or IT Services •No drawing or plan updates •Paying for vendor repairs or new equipment 0 1 P r o c u r e m e n t S e r v i c e D e s i g n P r o j e c t M a n a g e m e n t D e p l o y m e n t Unified Project Delivery Automation toolset resulting from decades of design/build experience DCA’s drawing style, taxonomy, and structure are intrinsically bound with our purpose-built integration platform - DCAD. Our API driven automation platform links AutoCAD drawings with the master equipment schedule, wire list, ERP, and project management and deployment databases. D A V I D C A R R O L L .C O M A 30+YEAR LEGACY OF MEDIA & ENTERTAINMENT CONSULTING & INTEGRATION S E R V I C E B R OA D CA S T S Y S T E M S F AC I L I T Y /S P A C E P L A NN IN G S P E C I A L T Y A V SY S T E M S DCA sp e ci al izes in desi g ni n g , in s tall ing a n d mai ntai nin g i n tegrate d a u dio, vi d eo and cont rol sy s tems fo r a w ide var iet y of envi r on m e n ts, i nc l u din g bro a d cast , cor p o rat e pr o d u ct ion, educ a ti o n a l set ti ngs, med ical fac ili ti e s, c u s to m AV app l ic a ti on s , a u d it ori um s , a n d even t s p a ces. A V/I T C OO R D I N AT I O N C ON S U L T /D E S I G N /BU I L D I N T E G R I T Y E X P E R T I S E P A S S I O N P A R T N E R S H I P ◆◆◆ 1320 S. 51st St. Richmond, CA 94804 (510) 235-1256 Davi d Car rol l Assoc ia tes s ets th e st a ndar d f or AV/T e ch no logy S ys tems D e s ign a nd Int egr a ti on . The c o m p a ny m e lds it s ric h b a ckgro u nd in b roadc a s t, f ilm, p roduc ti on a nd l ive s o u n d pr o j e ct s wi th in tel l e ct u a l en th u s ia sm and r e lent less p a s s ion. sales@davidcarroll.com A 30+YEAR LEGACY OF MEDIA & ENTERTAINMENT CONSULTING & INTEGRATION I N T E G R I T Y E X P E R T I S E P A S S I O N P A R T N E R S H I P ◆◆◆ C L I E N T Testimonial “W e d e c i d e d t o e n g a g e D C A b e c a u s e w e n e e d e d a n e x p e r i e n c e d a n d a g i l e t e a m t h a t c o u l d r o l l w i t h t h e p u n c h e s a n d s t a y w i t h u s a s w e d e v e l o p e d t h i s d y n a m i c , c h a n g i n g t e c h n o l o g y e n v i r o n m e n t . O v e r t h e c o u r s e o f f o u r m a j o r p h a s e s , D C A h a s p r o v e n t o b e a t r u s t w o r t h y p a r t n e r , b r i n g i n g i n n o v a t i v e d e s i g n , c o n s i s t e n t e n g i n e e r i n g , a n d q u a l i t y b u i l d r e s u l t s t o t h e p r o j e c t .” G A R Y S C H N E I D E R L e a d M e d i a S y s t e m s A r c h i t e c t - L i n k e d I n O U R C L I E N T L I S T R E A D S L I K E A W H O ’S W H O O F T H E H I G H - T E C H M E D I A , B R O A D C A S T , P R O D U C T I O N A N D E N T E R T A I N M E N T I N D U S T R I E S Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Version: August 2024 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 proce eds 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 cov erage 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 Version: August 2024 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 Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A - VII or higher. 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 insuran ce 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 11/5/2024 AssuredPartners Design Professionals Insurance Services,LLC 3697 Mt.Diablo Blvd Suite 230 Lafayette CA 94549 Shannon Campos 714-824-3910 CertsDesignPro@AssuredPartners.com License#:6003745 Houston Casualty Company 42374 DAVICAR-01 David Carroll Associates,Inc. 5215 Central Ave. Richmond CA 94804 818563937 A Professional Liability H24TG3473700 4/30/2024 4/30/2025 Per Claim Aggregate Limit $2,000,000 $2,000,000 Re:All Operations of the Named Insured. Professional Liability policy has a deductible which is:$5,000 per claim.Retroactive Date:12/16/2016. 30 Days Notice of Cancellation City of Cupertino Cupertino City Hall 10300 Torre Avenue Cupertino CA 95014 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/13/2024 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 certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATIONIS 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). PRODUCER HARTFORD FIRE INSURANCE COMPANY 76250878 ONE HARTFORD PLAZA HARTFORD CT 06155 CONTACT NAME: PHONE (A/C, No, Ext): (877) 287-1316 FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Hartford Fire and Its P&C Affiliates 00914 INSURED DAVID CARROLL ASSOCIATES, INC. 1569 SOLANO AVE PMB 186 BERKELEY CA 94707-2116 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A 76 WEG NH6666 01/01/2024 01/01/2025 X PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Deductible: $0 CERTIFICATE HOLDER CANCELLATION The City of Cupertino 10300 TORRE AVE CUPERTINO CA 95014-3202 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:04/25/24 Policy Expiration Date:01/01/25 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:76 WEG NH6666 Endorsement Number:003 Effective Date:04/10/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:DAVID CARROLL ASSOCIATES, INC. 1569 SOLANO AVE PMB 186 BERKELEY CA 94707 We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be %of the California workers'compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description City of Cupertino 10300 Torre Ave Cupertine, CA 95014 x Deductible: $0 Comprehensive: $500 Collision: $300 x Deductilbes x $0 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED OWNERS,LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1.WHO IS AN INSURED (SECTION II)is amended in a written contract for this insurance to to include as an insured any person or organiza-apply on a primary or contributory basis. tion (called hereafter "additional insured")whom 3.This insurance does not apply:you have agreed in a written contract,executed a.on any basis to any person or organizationpriortoloss,to name as additional insured,but for whom you have purchased an Ownersonlywithrespecttoliabilityarisingoutof"your and Contractors Protective policy.work"or your ongoing operations for that addi- tional insured performed by you or for you.b.to "bodily injury,""property damage,""per- sonal injury,"or "advertising injury"arising2.With respect to the insurance afforded to Addi-out of the rendering of or the failure to rendertionalInsuredsthefollowingconditionsapply:any professional services by or for you,in- a.Limits of Insurance The following limits of cluding: liability apply: 1.The preparing,approving or failing to 1.The limits which you agreed to provide;prepare or approve maps,drawings,or opinions,reports,surveys,change or- 2.The limits shown on the declarations,ders,designs or specifications;and whichever is less.2.Supervisory,inspection or engineering services.b.This insurance is excess over any valid and collectible insurance unless you have agreed CG D1 05 04 94 Copyright,The Travelers Indemnity Company,1994.Page 1 of 1 Includes Copyrighted Material from Insurance Services Office,Inc. AV Video Systems Maintenance and Repair Services Final Audit Report 2024-12-04 Created:2024-11-20 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAzqwqT019ZGQjESilzncfRwk69Y_wOInd "AV Video Systems Maintenance and Repair Services" History Document created by Webmaster Admin (webmaster@cupertino.org) 2024-11-20 - 1:59:34 AM GMT- IP address: 35.229.54.2 Document emailed to Marilyn Pavlov (marilynp@cupertino.org) for approval 2024-11-20 - 2:05:58 AM GMT Email viewed by Marilyn Pavlov (marilynp@cupertino.org) 2024-11-20 - 2:06:09 AM GMT- IP address: 52.202.236.132 Document approved by Marilyn Pavlov (marilynp@cupertino.org) Approval Date: 2024-11-20 - 2:07:15 AM GMT - Time Source: server- IP address: 69.209.31.163 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-11-20 - 2:07:20 AM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2024-11-20 - 2:07:28 AM GMT- IP address: 3.232.50.116 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-11-20 - 4:50:15 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to David Carroll (dc@davidcarroll.com) for signature 2024-11-20 - 4:50:24 PM GMT Email viewed by David Carroll (dc@davidcarroll.com) 2024-11-21 - 7:21:38 PM GMT- IP address: 208.87.219.102 New document URL requested by David Carroll (Dc@davidcarroll.com) 2024-12-02 - 10:08:28 PM GMT- IP address: 208.87.219.102 Email viewed by David Carroll (dc@davidcarroll.com) 2024-12-02 - 10:09:01 PM GMT- IP address: 104.47.58.126 Document e-signed by David Carroll (dc@davidcarroll.com) Signature Date: 2024-12-03 - 1:11:51 AM GMT - Time Source: server- IP address: 208.87.219.102 Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature 2024-12-03 - 1:11:57 AM GMT Email viewed by Christopher Jensen (christopherj@cupertino.org) 2024-12-03 - 1:12:17 AM GMT- IP address: 3.232.50.116 Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen 2024-12-04 - 6:50:37 PM GMT- IP address: 64.165.34.3 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-12-04 - 6:50:39 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Teri Gerhardt (terig@cupertino.org) for signature 2024-12-04 - 6:50:46 PM GMT Email viewed by Teri Gerhardt (terig@cupertino.org) 2024-12-04 - 6:50:53 PM GMT- IP address: 3.232.50.116 Document e-signed by Teri Gerhardt (terig@cupertino.org) Signature Date: 2024-12-04 - 6:54:32 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-12-04 - 6:54:37 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-12-04 - 6:54:44 PM GMT- IP address: 52.202.236.132 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2024-12-04 - 11:00:10 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2024-12-04 - 11:00:10 PM GMT