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25-166 Data Ticket Inc. Software As A Service (SaaS) Agreement for Handhelp Ticket Writer Application Page 1 of 10 TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DATA TICKET INC FOR SOFTWARE-AS-A-SERVICE THIS AGREEMENT (“Agreement”), by and between the CITY OF CUPERTINO, a California municipal corporation ("City"), and DATA TICKET, INC. an S Corporation whose address is 4600 Campus Dr, Suite 200, Newport Beach, CA 92660 ("Software Provider") (collectively referred to as the “Parties”). RECITALS: The following Recitals are a substantive portion of this Agreement: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California. B. Software Provider is specially trained, experienced, and competent to perform the special services which will be required by this Agreement. C. City and Software Provider desire to enter into an agreement for Software Provider’s provision of software-as-a-service (SaaS) pertaining to City’s online systems. Through this Agreement, Software Provider shall provide to City Handheld Ticket Writer application relating to the City’s network. The full scope of services covered by this agreement is described in the attached Exhibit A: Service Level Agreement (the “SLA”). NOW, THEREFORE, the Parties mutually agree as follows: 1. TERM The term of this Agreement shall commence on the last date signed below (“Effective Date”). The term of this Agreement is 5 Years, unless the Agreement is terminated prior thereto under the provisions of Section 16, below. The City’s appropriate department head or the City Manager may extend the Term 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. 2. SCOPE OF SERVICES AND CONDITIONS THEREOF Subject to the terms and conditions set forth in this Agreement, Software Provider shall perform each and every service to the schedule of performance set forth in the SLA (collectively “Services”), as described below. A. Responsibilities of Software Provider. Software Provider shall provide the software services as further described in the SLA. The Services provided under this Agreement shall include (a) any software, plug-ins, or extensions related to the Services or upon which the Services are based including any and all updates, upgrades, bug fixes, dot releases, version upgrades, or any similar changes that may be made available to the Software Provider from time to time (the “Software”), (b) any and all technical documentation necessary or use of the Services, in hard copy Page 2 of 10 form or online (the “Documentation”), (c) regular maintenance of Software Provider’s system, and (d) other technology, user interfaces, know-how, and other trade secrets, techniques, designs, inventions, data, images, text, content, APIs, and tools provided in conjunction with the Services. B. Equipment. If necessary to enable Software Provider to fulfill its obligations under the SLA, Software Provider shall, at its sole cost and expense, furnish all facilities, personnel and equipment to City necessary to provide the Services (the “Equipment”). City agrees, if necessary, to install the Equipment at the location(s) and in the manner specified by Software Provider and as directed by Software Provider. Any Equipment installed by City is a part of the Service and loaned to City by Software Provider, not sold. City agrees to return the Equipment to Software Provider at the termination of this Agreement in an undamaged condition, less ordinary wear and tear. C. Registration. Prior to using the Services, City shall identify the administrative users for its account (“Administrators”). Each Administrator will be provided an administrator ID and password. D. License Grant. Software Provider hereby grants City a license to use the Software and the Documentation for the permitted purpose of accessing the Services. E. Reservation of Rights and Data Ownership. City shall own all right, title, and interest in its data that is related to the services provided by this contract. Software Provider shall not access City user accounts or City data, except (1) as essential to fulfillment of the objectives of this Agreement, (2) in response to service or technical issues, or (3) at City’s written request. F. Data Protection. In carrying out the Services, Software Provider shall endeavor to protect the confidentiality of all confidential, non-public City data (“City Data”) as follows: 1. Implement and maintain appropriate security measures to safeguard against unauthorized access, disclosure, or theft of City Data in accordance with recognized industry practice. 2. City Data shall be encrypted at rest and in transit with controlled access. Unless otherwise stipulated, Software Provider is responsible for encryption of the City Data. 3. Software Provider shall not use any City Data collected by it in connection with the Service for any purpose other than fulfilling the obligations under this Agreement. G. Software Ownership. Software Provider owns the Services, Software, Documentation, and any underlying infrastructure provided by Service Provider in connection with this Agreement. City acknowledges and agrees that (a) the Services, any Software, and Documentation are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, (b) Software Provider retains all right, title, and interest (including, without limitation, all patent, copyright, trade secret, and other intellectual property rights) in and to the Services, the Software, any Documentation, any other deliverables, any and all related and underlying technology and any derivative works or modifications of any of the foregoing, including, without limitation, (c) the Software and access to the Services are licensed on a subscription basis, not sold, and City acquires no ownership or other Page 3 of 10 interest in or to the Services, the Software, or the Documentation other than the license rights expressly stated herein, and (d) the Services are offered as an on-line, hosted solution, and that City has no right to obtain a copy of the Services. H. Restrictions. City agrees not to, directly or indirectly,: (i) modify, translate, copy, or create derivative works based on the Service or any element of the Software, (ii) interfere with or disrupt the integrity or performance of the Services or the data contained therein or block or disrupt any use or enjoyment of the Services by any third party, (iii) attempt to gain unauthorized access to the Services or their related systems or networks or (iv) remove or obscure any proprietary or other notice contained in the Services, including on any reports or data printed from the Services. I. Security Incident. In the event a data breach occurs with respect to City Data, Software Provider shall immediately notify the appropriate City contact by telephone in accordance with the agreed upon security plan or security procedures if it reasonably believes there has been a security incident. Software Provider shall (1) cooperate with City to investigate and resolve the data breach, (2) promptly implement necessary remedial measures, if necessary, and (3) document responsive actions taken related to the data breach, including any post-incident review of events and actions taken to make changes in business practices in providing the services, if necessary. J. Notification of Legal Requests. Software Provider shall contact City upon receipt of any electronic discovery, litigation holds, discovery searches, and expert testimonies related to City Data. Software Provider shall not respond to subpoenas, service of process, and other legal requests related to City without first notifying City, unless prohibited by law from providing such notice. K. Access to Security Logs and Reports. Software Provider shall provide reports to City in a format as specified in the SLA agreed to by both Software Provider and City. Reports shall include latency statistics, user access, user access IP address, user access history, and security logs for all City files related to this Agreement. L. Responsibilities and Uptime Guarantee. Software Provider shall be responsible for the acquisition and operation of all hardware, software, and network support related to the services being provided. The technical and professional activities required for establishing, managing and maintaining the environments are the responsibilities of Software Provider. The system shall be available for City’s use on a 24/7/365 basis (with agreed-upon maintenance downtime). M. Subcontractor Disclosure. Software Provider shall identify all of its strategic business partners related to services provided under this Agreement, including all subcontractors or other entities or individuals who may be a party to a joint venture or similar agreement with Software Provider, and who shall be involved in any application development and/or operations. N. Business Continuity and Disaster Recovery. Software Provider shall provide to City a written business continuity and disaster recovery plan prior to or at the time of execution of this agreement and shall ensure that it meets City’s recovery time objective (RTO) of four (4) hours or less. O. Compliance with Accessibility Standards. Software Provider shall comply with and adhere to the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101). P. Web Services. Software Provider shall use Web services exclusively to interface Page 4 of 10 with City Data in near real time when possible. Q. Encryption of Data at Rest. Software Provider shall ensure hard drive encryption consistent with validated cryptography standards as referenced in FIPS 140-2, Security Requirements for Cryptographic Modules for all personal data, unless City approves the storage of personal data on Software Provider’s portable device in order to accomplish work as defined in the statement of work. 3. COMPENSATION TO SOFTWARE PROVIDER Software Provider shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed ($16,800.00) Sixteen thousand eight hundred dollars and zero cents. The payments specified in this section shall be the only payments to be made to Software Provider for services rendered pursuant to this Agreement. Software Provider shall invoice City according to the following schedule of milestones/deliverables: Milestone/Deliverable Total Amount FY26 First Year: Onetime fee, Annual Software Lic. fee, Software Maintenance fee & Virtual training 4,320.00 FY27 Second year: Annual Software Lic. fee and Software Maintenance fee 3,120.00 FY28 Third year: Annual Software Lic. fee and Software Maintenance fee 3,120.00 FY29 Fourth year: Annual Software Lic. fee and Software Maintenance fee 3,120.00 FY30 Fifth year: Annual Software Lic. fee and Software Maintenance fee 3,120.00 - 16,800.00 City shall pay Contractor within thirty (30) days after receipt of Service Provider’s invoice. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper. 4. TIME IS OF THE ESSENCE Software Provider and City agree that time is of the essence regarding the performance of this Agreement. 5. LICENSES; PERMITS; ETC. Software Provider represents and warrants to City that it has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required to carry out the purposes of this Agreement. 6. ASSIGNMENTS. Software Provider may assign, sublease, or transfer this Agreement, or any interest therein, to a third party with the prior written consent of City. Such consent shall not be unreasonably withheld. City’s withholding of consent shall be deemed reasonable if it appears that the intended assignee in Page 5 of 10 question is not financially or technically capable of performing Software Provider’s obligations under this Agreement, or if City has reason to conclude that the proposed assignee is otherwise incapable of fulfilling Software Provider’s duties hereunder. 7. INDEPENDENT PARTIES City and Software Provider intend that the relationship between them created by this Agreement is that of independent contractor. No civil service status or other right of employment will be acquired by virtue of Software Provider's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation, and sick leave are available from City to Software Provider, its employees, or agents. Software Provider is not a "public official" for purposes of Government Code §§ 87200 et seq. 8. IMMIGRATION REFORM AND CONTROL ACT (IRCA) Software Provider assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal or state rules and regulations. Software Provider shall indemnify and hold City harmless from and against an y loss, damage, liability, costs, or expenses arising from any noncompliance of this provision by Software Provider. 9. NON-DISCRIMINATION Consistent with City's policy prohibiting harassment and discrimination, Software Provider agrees that neither it nor its employee or subcontractors shall harass or discriminate against a job applicant, a City employee, or a citizen on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, sexual orientation, or any other protected class status. Software Provider agrees that any and all violations of this provision shall constitute a material breach of this Agreement. Software provider agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 10. INTELLECTUAL PROPERTY INDEMNIFICATION Software Provider agrees to, at its expense, defend and/or settle any claim made by a third party against City alleging that the City's use of the Services infringes such third party’s United States patent, copyright, trademark, or trade secret (an “IP Claim”), and pay those amounts finally awarded by a court of competent jurisdiction against City with respect to such IP Claim. 11. DUTY TO INDEMNIFY AND HOLD HARMLESS Software Provider shall indemnify, defend, and hold harmless City and its officers, officials, agents, employees, and volunteers from and against any and all liability, claims, actions, causes of action, or demands whatsoever against any of them, including for any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential, or otherwise, Page 6 of 10 arising out of, pertaining to, or related to the performance of this Agreement by Software Provider or Software Provider’s employees, officers, officials, agents, or subcontractors, except where such liability arises solely as a result of the active negligence or willful misconduct of City. Such costs and expenses shall include reasonable attorneys’ fees of counsel of City’s choice, expert fees, and all other costs and fees of litigation. Provider 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. The provisions of this Section 11 survive the completion of the Services or termination of this Agreement. 12. INSURANCE: A. General Requirements. On or before the commencement of the term of this Agreement, Software Provider shall furnish City with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit B. Software Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement. B. Subrogation Waiver. Software Provider agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Software Provider shall look solely to its insurance for recovery. Software Provider hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Software Provider or City with respect to the services of Software Provider herein, a waiver of any right to subrogation which any such insurer of said Software Provider may acquire against City by virtue of the payment of any loss under such insurance. 13. RECORDS Software Provider shall maintain internal records reflecting that the Services were performed by Software Provider hereunder in accordance with customary recordkeeping practices in the software development industry. Software Provider shall provide free access to such records to the representatives of City or its designee’s at all reasonable and proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary. No such examination and audit shall give City the right to access records relating to other Software Provider customers. Such records shall be maintained for a period of four (4) years after Software Provider receives final payment from City for all services required under this Agreement. 14. NONAPPROPRIATION Page 7 of 10 This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code, and this Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 15. NOTICES All notices, requests, and approvals must be sent to the persons below in writing to the persons below, and will be considered effective on the date of personal delivery, the delivery date confirmed by a reputable overnight delivery service, on the fifth (5th) calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: TO CITY: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Teri Gerhardt TO SOFTWARE PROVIDER: Data Ticket, Inc. 4600 Campus Dr., Suite 200 Newport Beach, CA 92660 Attention: Brook Westcott 16. TERMINATION A. Basis for Termination. In the event Software Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Software Provider shall be deemed in default in the performance of this Agreement. If Software Provider fails to cure the default within the time specified and according to the requirements set forth in City’s written notice of default, and in addition to any other remedy available to the City by law, the City Manager or her designee may terminate the Agreement by giving Software Provider written notice thereof, which shall be effective immediately. The City Manager or her designee shall also have the option, at her sole discretion and without cause, of terminating this Agreement by giving seven (7) calendar days' prior written notice to Software Provider as provided herein. Upon receipt of any notice of termination, Software Provider shall immediately discontinue performance. B. Pro Rata Payments. City shall pay Software Provider for services satisfactorily performed up to the effective date of termination. In such event, a calculation of the amounts due shall be deemed correct as computed on a pro rata basis with compensation provided for the period of service paid as a percentage of the total contract amount. Page 8 of 10 C. Handling of City Data. In the event of a termination of this Agreement, Software Provider shall implement an orderly return of City data in a CSV or another mutually agreeable format at a time agreed to by the parties and the subsequent secure disposal of City data. During any period of service suspension, Software Provider shall not take any action to intentionally erase any City data for a period of thirty (30) days after the effective date of termination, unless authorized by City. City shall be entitled to any post-termination assistance generally made available with respect to the Services; unless a unique data retrieval arrangement has been established as part of the SLA. Software Provider shall securely dispose of all requested data in all of its forms, including disk, CD/DVD, backup tape, and paper, when requested by City. Data shall be permanently deleted and shall not be recoverable, according to National Institute of Standards and Technology (NIST)- approved methods. Certificates of destruction shall be provided to City. 17. WARRANTY AND WARRANTY DISCLAIMER Software Provider warrants that, (i) the Services shall be provided in a diligent, professional, and workmanlike manner in accordance with industry standards, (ii) the Services provided under this Agreement do not infringe or misappropriate any intellectual property rights of any third party, and (iii) the Services shall substantially perform in all material respects as described in the SLA. In the event of any breach of section (iii), above, Software Provider shall, as its sole liability and as City’s sole remedy, repair or replace the Services that are subject to the warranty claim at no cost to City, or if Software Provider is unable to repair or replace, then it will refund any pre-paid fees for services not rendered. Except for the warranty described in this section, the Services are provided without warranty of any kind, express or implied, including, but not limited to, the implied warranties or conditions of design, merchantability, fitness for a particular purpose, and any warranties of title and non-infringement. 18. COMPLIANCE Software Provider shall comply with all state or federal laws and all ordinances, rules, policies, and regulations enacted or issued by City. 19. CONFLICT OF LAW This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. Any suits brought pursuant to this Agreement shall be filed with the Superior Court for the County of Santa Clara, State of California. 20. ADVERTISEMENT Software Provider shall not post, exhibit, or display, or allow to be posted, exhibited, or displayed, any signs, advertising, show bills, lithographs, posters, or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 21. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or Page 9 of 10 nature whatsoever between the Parties, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Software Provider. In the event that any Service Level Agreement, Exhibit, associated instrument, or agreement executed by the Parties in conjunction with this Agreement or prior thereto contains a term that conflicts with the terms of this Agreement, the terms of this Agreement shall govern and supersede any other document or Exhibit. 22. AUTHORITY The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. CITY OF CUPERTINO A Municipal Corporation By ___________________ Title ___________________ Date __________________ APPROVED AS TO FORM: _________________________ MICHAEL K. WOO Senior Assistant City Attorney ATTEST: __________________________ City Clerk __________________________ Date SOFTWARE PROVIDER DATA TICKET, INC. By ___________________ Title ___________________ Date __________________ Chief Operating Officer 09/25/2025 CTO 09/25/2025 09/29/2025 Contract No. ________ Page 10 of 10 IOS Parking Handheld Information 2025 For Support and Sales assistance, please contact: Heather Nowlan Director, Client Relations Direct t (949) 428-7241 HNowlan@DataTicket.com ClientServices@DataTicket.com Andrea Kohlenberg Client Services Coordinator Direct t (949) 428-7247 ClientServices@DataTicket.com EXHIBIT A - SLA 2 | P a g e PROPRIETARY AND CONFIDENTIAL INFORMATION Handheld Ticket Writers Offered by Data Ticket, Inc. Data Ticket offers Agencies a range of handheld ticket writers to select from to meet the Agency’s needs. Below and on the following pages, we have provided descriptions of the handheld devices offered to our clients. If Agency Personnel do not see the unit they would like to utilize, we are happy to work with the Agency to determine which unit(s) the Agency prefers. If the chosen hardware is compatible with our application, we are happy to provide pricing and install our Handheld Citation Issuance Application on the preferred solution. Additionally, the Agency is not confined to a single handheld unit. A combination of units may be utilized across issuing Officers to accommodate each Officer’s needs. If some Officers like the Samsung Unit and other Officers like the XF1R2, we can accommodate this request. Please note, different ticket stock is utilized for each type of printer which would increase the expense. The units offered on the following pages are: iPhone 14 – This unit is just like the top Samsung A53 or Similar Device. The phones are capable of texting and are generally very easy to use as many Officers carry a similar device today. These units are 2 piece units that connect to a separate printer via a Bluetooth connection. iPhone 14 Plus – This unit is a slightly upgraded version of the above iPhone 14 with a larger screen and bigger battery. iPhone 14 Pro Max – This unit is the top of the line version of the above iPhone 14 Plus, with the fastest processing power and camera. 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com 3 | P a g e Below, we have provided a brief comparison of the units provided so the Agency Personnel can easily compare each unit against the other: Item iPhone 14 iPhone 14 Plus iPhone 14 Pro Max Dimensions 5.78” x 2.81” x 0.31” 6.33” x 3.07” x 0.31” 6.33” x 3.05” x 0.31” Printer Type External External External Operating iOS 16.x iOS 16.x iOS 16.x Camera Rear: Rear: Rear: Battery Size 3279 mAh 4325 mAh 4323 mAh Temperature Refer to Manufacturer Refer to Manufacturer Refer to Manufacturer 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com 4 | P a g e Handheld Device Images iPhone 14 or Similar Device Paired with a Bluetooth Printer Printers Offered by Data Ticket for 2 Piece Units Data Ticket offers Agencies a range of printers with which to pair handheld ticket writers that do not have a built-in printer. The printers print either 3” or 4” citations. The selection of a printer is similar to the selection of a handheld ticket writer. Agency Personnel may select a single printer to use for all Officers or Agency Personnel may wish to use a variety of printers. Of course, we do recommend Agency Personnel use a single ticket width so a single ticket order will work, regardless of the printer selected. 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com 5 | P a g e Below we have provided 2 of the popular models used by our clients that elect a 2-piece unit: 3” TSC Printer and 4” Zebra Printer – The TSC Alpha-30R and 4” Zebra ZQ521 printers direct thermal portable printer features a rugged design and reliable performance that will continue to operate long after other printers have failed. The units are comfortable, light-weight printers capable of working with any mobile printing application where you need citations printed wherever you are. When utilized with a case, the printers are IP54-rated to resist dust and water and each printer can endure a 6 foot fall and keep printing. These small and light printers can be worn comfortably for a full shift, without interfering with the Officer’s tasks. Handheld Printer Images 3” TSC Alpha-30R Printer 4” Zebra ZQ521 Printer 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com 6 | P a g e Citation Issuance Android Application All handheld software is developed, owned, and fully supported by Data Ticket, Inc. We have dedicated handheld resources available to you for troubleshooting, repairs, upgrades, general question inquiry and technical support. Below and on the following pages is a list of the features available in our citation issuance application: Connected Anywhere, Anytime* Departments and Districts Scofflaw, Citation History, Vehicle Database CA Dealer Plate Reconnaissance Report Issues*. Request Help* Customized Printing LPR (License Plate Recognition)* Digital Chalking LPR Enhanced Digital Chalking* Fast Camera Maximum Media Capture Multiple Violation Issuance Void, Reissue, Warnings Bar Code / OCR Scan Line Usage Permits, Paid Stall/Meter Information* . Automatic Location (GPS)* Geolocation Citation Tagging* *Data Plan required to utilize this feature 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com 7 | P a g e Handheld Ticket Writer / Printer Pricing Data Ticket has provided the following handheld unit pricing for Three Year Lease options as well as Purchase Price options. If the Agency prefers to purchase the handhelds and/or printers on their own rather than with Data Ticket, we would be more than happy to provide the associated costs. Each of these handheld unit options will meet the needs of the Android Application. Two Piece Handheld Ticket Writer Pricing Item 3 Year Lease Purchase iPhone 14 Otterbox Case Sold Separately $70.00 per month $1,660.00 iPhone 14 Plus Otterbox Case Sold Separately $80.00 per month $1,860.00 iPhone 14 Pro Max Otterbox Case Sold Separately $85.00 per month $2,200.00 AND Two Piece Handheld Printer Pricing Item 3 Year Lease Purchase TSC 3” Alpha-30R Printer Case & Charger Included $18.00 per month $425.00 Zebra 4” ZQ521 Printer Case Sold Separately $45.00 per month $1,400.00 Handheld Accessories Pricing Item Purchase Otterbox Case (For iPhones) $85.00 Zebra Printer Strap Case (For Zebra 4” ZQ521) $155.00 Optional - Car Charger (For Zebra ZQ521 Printer) $150.00 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com 8 | P a g e Handheld Associated Costs Item Price 1st Year Software License Fee– This is a one-time fee for the software application and all enhancements. $1,000.00 per unit Annual Software License Fee– This for the software application and all enhancements. $300.00 per unit per year **Software Maintenance/Support/ Troubleshooting– Includes phone support M-F during regular business hours, remote repair, and updates. $40.00 per unit per month Training – In Person Onsite training at the Agency’s preferred location will be provided. Training typically takes place over the course of a few hours and will be customized to meet the Agency’s Requirements. $900.00 Training – Virtual $400.00 Ticket Stock– To be quoted based on quantity and style options. To Be Quoted **Optional - Replacement for Lost/Stolen/Damaged Handheld Unit and/or Zebra 4” ZQ521 Printer ($350.00 deductible charged for each lost/stolen or damaged unit) $30.00 per unit per month Optional - Hosted Data Plan– Billed monthly as a straight pass-thru from either Verizon or AT&T. Actual Cost per unit per month Tax and shipping not included in the above pricing. **Please note the “Software Maintenance/Support/Troubleshooting” & “Optional – Replacement for Lost/Stolen/Damaged Handheld Unit” will cover the handheld unit up until it has been deemed obsolete and/or outdated which is typically at 4 years. We will continue to maintain, support and troubleshoot for as long as possible, however once the 4 years have passed, it would be up to the Agency to enter into a new purchase or lease agreement as Data Ticket will no longer replace or repair the units. $500 per Unit (reduced on 05/15/2025) Year 2 through Year 5 Exhibit B - Insurance Requirements for SaaS Agreements 1 Version: May 2025 Software Provider shall procure 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. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES 1.Workers' Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 each accident/disease. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Software Provider, its employees, agents, and subconsultants. Not required. Software Provider has provided written verification of no employees. 2.Commercial General Liability: Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 with limits no less than $2,000,000 per occurrence, $4,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Software Provider’s policy shall allow and be endorsed "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO Form CG 20 01. c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and complies with the requirements set forth in this Agreement. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City. The City’s own insurance or self-insurance shall not be called upon. 3.Automobile Liability Coverage shall be provided using ISO CA 00 01 (or equivalent) covering any auto (Code 1), or if Software Provider has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limits no less than $1,000,000 each accident for bodily injury and property damage. Ξ Not required. Software Provider shall be fully remote and not use automobiles to provide the service. In the event Software Provider uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1), or if Software Provider does not own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided with a Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under the policy prior to the use of any automobile. Software Provider has provided written confirmation that it does not own any autos. Software Provider shall provide coverage for hired autos-Symbol 8 and non-owned autos-Symbol 9. Primary and Non- Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non-owned only coverage. In the event Software Provider uses an owned automobile or Exhibit B: Insurance Requirements and Proof of Insurance Exhibit B - Insurance Requirements for SaaS Agreements 2 Version: May 2025 automobiles in the operation of its business to provide services under this Agreement, the Software Provider shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1). In lieu of Business Automobile Liability, Software Provider shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to commencement of services. 4.Cyber Liability: Insurance, with limits not less than: $2,000,000 each occurrence $2,000,000 aggregate - all other Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Software Provider in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, release of private information or personally identifiable information (PII), alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. If the Software Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Software Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. OTHER INSURANCE PROVISIONS Additional Insureds: The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s Commercial General Liability, Automobile Liability, and Cyber Liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage: Coverage afforded to City/Additional Insureds shall allow and be endorsed primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Software Provider’s insurance and shall not contribute to it. Notice of Cancellation: Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will not provide the required notice of cancellation or policy modification, the Software Provider shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums. Exhibit B - Insurance Requirements for SaaS Agreements 3 Version: May 2025 Waiver of Subrogation: Software Provider 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 General Liability, Automobile Liability, Cyber Liability, and Workers’ Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City for all work performed by Software Provider, its employees, agents and volunteers. 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 (Insert on the Certificate of Insurance, if zero, insert “$0”). 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. Absence of Insurance Coverage: City may direct Software Provider to immediately cease all activities with respect to this Agreement if it determines that Software Provider fails to carry, in full force and effect, all insurance policies with coverages at or above the limits specified in this Agreement. At the City’s discretion, under conditions of lapse, City may purchase appropriate insurance and charge all costs related to such policy to Software Provider. Verification of Coverage: Software Provider shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Software Provider’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors: Software Provider shall require and verify that all subconsultants maintain insurance required herein, and Software Provider shall ensure that City is an additional insured on subconsultant’s insurance policies. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Higher Insurance Limits: If Software Provider maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Software Provider. 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. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. sXCORrir CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/2/2024 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 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 PRODUCER PIA Select Insurance Solutions - Service Location 1938 Vista Del Oro Santa Maria CA 93458 NAME*CT Lynette (Lynn) Eye |A/C,NNo, Ext): 805-975-3531 (a)c, No): N/A ADDRESS: lynn.eye@piaselect.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Colony Insurance Company 39993 insurer B: Employers Assurance Co.25402 insurer c : Continental Casualty Company 20443 INSURER D : Arch Specialty Insurance Company & see attached 21199 insurer e : Travelers Casualty and Surety Company of America 31194 INSURER F : INSURED Data Ticket, Inc. DBA: Revenue Experts 2603 Main Street, Ste. 300 Irvine CA 92614-4200 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. TN5TT LTR TYPE OF INSURANCE TOUT INSD ^C 7 5 c < a POLICY NUMBER 'POLICY EFF (MM/DD/YYYY) 'POLICY EXP (MM/DD/YYYY)LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR UAMAUC 1 U KblN 1 tu PREMISES (Ea occurrence)$100,000 MED EXP (Any one person)$5,000 A Y Y 103 GL 0215056-01 11/01/2024 11/01/2025 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $2,000,000 X CL -3 □>-o_ ioCL 1___|loc PRODUCTS - COMP/OP AGG $2,000,000 OTHER:$ AUTOMOBILE LIABILITY COMBINED SINOle limi i (Ea accident)$1,000,000 ANY AUTO BODILY INJURY (Per person)$ A OWNED AUTOS ONLY SCHEDULED AUTOS 103 GL 0215056-01 11/01/2024 11/01/2025 BODILY INJURY (Per accident)$ X HIRED AUTOS ONLY X NON-OWNED AUTOS ONLY PROPERTY DAMAGE-------------- (Per accident)$ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $3,000,000 A X EXCESS LIAB CLAIMS-MADE XS176835 11/01/2024 11/01/2025 AGGREGATE $3,000,000 DED RETENTION $$ WORKERS COMPENSATION AND EMPLOYERS* LIABILITY X PER STATUTE OTH- ER B ANY PROPRIETOR/PARTNER/EXEGUTVE p-^71 N/A EIG45 81764-05 11/01/2024 11/01/2025 E.L.EACH ACCIDENT $1,000,000 (Mandatory In NH)E.L.DISEASE - EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE - POLICY LIMIT $1,000,000 See attached Additional Remarks Schedule for additional policies DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) It is agreed the Certificate Holder listed below is included as Additional Insured including Waiver of Subrogation and Primary & Non-Contributory wording as required by written contract. Workers Compensation includes a blanket Waiver of Subrogation (see attached). CERTIFICATE HOLDER CANCELLATION City of Cupertino Code Enforcement SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Ave.AUTHORIZED REPRESENTATIVE Cupertino, CA 95014 j Attn: Finance Dept. © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) AGENCY CUSTOMER ID: LOC #: A/CORCf ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED PIA Select Insurance Solutions Data Ticket, Inc. POLICY NUMBER DBA: Revenue Experts Various policiee-eee below CARRIER NAIC CODE Various carriers-see below effective date: Various dates ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Attachment to Certificate of insurance Insurer C: Continental Casualty Company Professional Liability/Errors & Omissions Policy #287188360 Policy period: 11/1/2024 to 11/1/2025 Limit $2,000,000 each occurrence/aggregate $10,000 Retention per claim insurer D: Arch Specialty, Ascot Specialty, Aspen Specialty, Fireman's Fund & Fortegra Specialty Insurance Companies Cyber Liability Policy #C-4LPY-035907-CYBER-2024-A Policy period: 11/1/2024 to 11/1/2025 Limit: $3,000,000 each occurrence/aggregate $10,000 Retention per claim Insurer E: Travelers Casualty and Surety Company of America Crime/Fidelity Policy #105702099 Policy period: 11/1/2023 to 11/1/2025 Limit: $1,000,000 each occurrence $25,000 Retention per claim ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 103 QL 0215056-01 POLICY NUMBER: 103 GL 0215056-01 COMMERCIAL GENERAL LIABILITY CG 20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 Organisation^}Location(s) Of Covered Operations As required by written contract with the Named Insured that is executed by the parties to the contract prior to the commencement of work that is called for in the contract. Ail locations which are afforded coverage under this policy. information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who le An Insured Is amended to include as an additional insured the person(s) or organization^) shown in the schedule, but only with respect to liability for "bodily injur/, "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 locatlon(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 aueh 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 damage1' 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 tha covered operations has bean completed; or 2. That portion of "your work" out of which the injury or damage an'ses 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 CG 20101219 © Insurance Services Office, Inc., 2018 Page 1 of 2 103 GL 0215056-01 C. With respect to the insurance afforded to these additional insureds, the following is added to Section HI - 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. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 1012 19 103 GL 0215056-01 POLICY NUMBER: 103 GL 0215056-01 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 As required by written contract with the Named Insured that is executed by the parties to the contract prior to the commencement of work that is called for in the contract. All locations which are afforded coverage under this policy. 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 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; whichever is less. This endorsement shall not increase the applicable limits of insurance.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. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 103 GL 0215056-01 POLICY NUMBER: 103 GL 0215056-01 COMMERCIAL GENERAL LIABILITY CG 2404 1219 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization^): As required by written contract wtm the Named insured that Is executed by die parties to the contract prior to the commencement of work that is called for in the contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph S. Transfer Of Rights Of Recovery Against Others To Us of SmUm IV — Conditions: We waive any right of recovery against the person(s) or organizatlon(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organizatfon(s) prior to loss. This endorsement applies only to the person(s) or organization^) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, inc., 2018 Page 1 of 1 103 GL 0215056- 01 COMMERCIAL. GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.Primary And Noncontributory insurance This insurance is primary to and will not seek contribution from any other ineuranco available to an additional insured under your policy provided that (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 © Insurance Services Office, inc., 2018 Page 1 of 1 103 GL 0215056-01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON-OWNED AUTO LIABILITY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement is subject to all of the provisions of the Commercial General Liability Coverage Part, except as otnerwise provided in mis endorsement, ah numoers ana letters used to designate paragrapns in this endorsement are specific to this endorsement only. They do not reference paragraphs in the Commercial General Liability Coverage Part. Insurance is provided only with respect to those coverages for which a specific Limit of Insurance and Premium are shown: SCHEDULE Coverage Limits Of Insurance Premium Hired Auto Liability Ineuranoa $ 1,000,000 Each Occurrence Limit C Included Non-owned Auto Liability Insurance $ 1,000,000 Each Occurrence Limit $ 1,000,000 Aggregate Limit Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Hired Auto Liability The insurance provided under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, applies to "bodily injury” or “property damage" arising out of the maintenance or use of a “hired auto" by you or your "employees” in the course of your business. B. Non-owned Auto Liability The insurance provided under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, applies to “bodily injury" or “property damage” arising out of the use of a “non-owned auto” by any person in the course of your business. C. Changes In Exclusions With respect to the insurance provided by this endorsement: 1. The following exclusions under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, do not apply: a. Contractual Liability; b. Liquor Liability; c. Employer's Liability; d. Aircraft, Auto Or Watercraft; e. Mobile Equipment; f. Damage To Property; g. Damage To Your Product; h. Damaoe To Your Work; U132A-0908 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 4 with its permission. 103 GL 0215056-01 i. Damage To Impaired Property Or Property Not Physically Injured; and j. Recall Of Products, Work Or Impaired Property. 2. SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, is amended and the following are added: This insurance does not apply to: a. “Bodily injury” or "property damage” for which the insured is obligated to pay damages by rea­ son of the assumption of liability in a contract or agreement. This exclusion does not apply to li­ ability for damages: (1) Th<fct th® injured would Kovo in tho aboonoo of tho oontraot or agroomont; or (2) Assumed in a contract or agreement that is an Insured contract", provided the "bodily injury” or “property damage” occurs subsequent to the execution of the contract or agreement. b. “Bodily injury" to: (1) An “employee” of the insured arising out of and in the course of: (s) Employment by the insured; or (D) Performing dunes relaxed xo xne conduct at the insured's business; or (2) The spouse, child, parent, brother or sister of that “employee” as a consequence of Para­ graph (1) above. This exclusion applies; (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay the damages because of the Injury. This exclusion does not apply to: (1) Liability assumed by the insured under an Insured contract"; or (2) "Bodily injury” to domestic “employees” not entitled to workers' compensation benefits. c. “Property damage" to: (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. D. Who Is An Insured For the purposes of this endorsement only, SECTION II - WHO IS AN INSURED, is deleted and re­ placed by the following: WHO IS AN INSURED 1. Each of the following is an insured under this insurance to the extent set forth below: a. You. b. Any other person using a “hired auto” with your permission in the course of your business. c. With respect to a "non-owned auto", any partner or “executive officer" of yours, but only while such “non-owned auto” is being used in your business. d. Any other person or organization, but only with respect to their liability because of acts or omis­ sions of an insured under Paragraph a., b. or c. above. U132A-0908 Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 4 with its permission. 103 GL 0215056*01 2. None of the following is an insured: a. Any person engaged in the business of his or her employer with respect to “bodily injury" to any co-“employee“ of such person injured in the course of employment, or to the spouse, child, par­ ent, brother or sister of that co-employee* as a consequence of such “bodily injury”, or for any obligation to share damages with or repay someone else who must pay damages because of the injury; u. Any partner or "executive officer with respect to any 'auto” owned by such partner or officer or a member of his or her household; c. Any person while employed in or otherwise engaged in performing duties reiated to the conduct of an “auto business", other than an “auto business” you operate; d. The owner or lessee (of whom you are a sublessee) of a “hired auto” or the owner of a “non- owned auto” or any agent or “employee” of any such owner or lessee; e. Any person or organization with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. E. Limits Of Insurance For the purposes of this endorsement only, SECTION III - LIMITS OF INSURANCE, is deleted and replaced by the following: LIMITS OF INSURANCE Regardless of the number of “hired autos”, “non-owned autos”, insureds, premiums paid, claims made or vehicles involved in the “occurrence”, the most we will pay for all damages resulting from any one “occurrence” is the applicable Limit of Insurance shown in the Schedule of this endorsement or in the Declarations. Tne Aggregate Limit is the most, subject to the Each Occurrence Limit, we will pay as damages for “bodily injury” or “property damage” sustained and expenses incurred in the defense and adjustment of all claims and “suits” regardless of how many persons assert claims or “suits” against you. The Each Occurrence and Aggregate Limits described above are the most we will pay regardless of the number of insureds, i hese Limits of Insurance are subject to and not in addition to the General Aggregate Limit shown in the Declarations of the policy. Payments under these Limits of Insurance are part of and erode the policy General Aggregate Limit of Insurance shown in the Declarations. F. Changes In Conditions For the purposes of this endorsement only, the Other insurance Provision of the Commercial Gen­ eral Liability Conditions Section is deleted and replaced by the following: OTHER INSURANCE This insurance is excess over any primary insurance covering the “hired auto” or "non-owned auto”. G. Additional Definitions For the purposes of this endorsement only, the following definitions are added to the Definitions Sec­ tion: 1. “Auto business” means the business or occupation of selling, repairing, servicing, storing or park­ ing “autos”. 2. "Hired auto” means any “auto” you lease, hire, rent or borrow. This does not include any “auto” you lease, hire, rent or borrow from any of your “employees”, your partners or your “executive officers”, or members of their households. U132A-0908 Includes copyrighted materia) of Insurance Services Office, Inc. Page 3 of 4 with its permission. 103 GL 0215056-01 3. “Non-owned auto" means any “auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes "autos" owned by your “employees", your partners or your "executive officers", or members of their households, but only while used in your business. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U132A-0908 Includes copyrighted material of Insurance Services Office. Inc. with its permission. Pago 4 of 4 103 GL 0215056-01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION This endorsement modifies insurance provided under the following: OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EXCESS LIABILITY POLICY FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART Paragraph A. Cancellation of the COMMON POLICY CONDITIONS is amended as follows: 1. Paragraph 2. is replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for one or more of the fol­ lowing reasons: (1) nonpayment of premium or failure to pay a premium when due; (2) conviction of an insured of a crime arising out of acts increasing the hazard insured against; (3) violation of any local fire, health, safety, building or construction regulation or ordi­ nance which increases the hazard insured against under the policy; (4) any willful or reckless act or omission by an insured increasing the hazard insured against; (5) omission or concealment of fact relating to an insurance application, rating, claim or coverage under this policy; (6) failure or refusal of an insured to: (a) provide information necessary to confirm exposure or determine the policy premi­ um; or (b) comply with underwriting requirements; (7) a substantial change in the risk covered by the policy; (8) loss of reinsurance or substantial decrease in reinsurance; (9) the cancellation is for all insureds under such policies for a given class of insureds; or (10) any reason determined by the insurance commissioner. b. 30 days before the effective date of cancellation if we cancel for any other reason. 2. Paragraph 5. is amended by the addition of the following: Any premium refund will be subject to the minimum earned premium for this policy, if applicable. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U173AS-1023 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforoe our right against the person or organization namad in tha Soheduia. (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 With respect to ail employees subject to the workers' compensation laws of the state of California, any person or organization for whom the Named insured has agreed by written oontraot to furnish this waiver. This policy is subject to a minimum charge of $250 for the Issuance of waivers of subrogation This endorsement changes die policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 11/01/2024 at 12:01 AM standard time, forms a part of Policy No. EiG 4581784 05 Of the EMPLOYERS ASSURANCE CO. Carrier Code 00919 Issued to DATA TICKET, INC. Premium $10,300 Countersigned at________________________on Endorsement No. By: ------ Authorized Representative W0 04 03 06 (Ed. 4-84) © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. Handheld Ticket Writer application Final Audit Report 2025-09-29 Created:2025-09-25 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAMNUKVUPdQ6IW6kIVhfnmXktf5qq3KTsN "Handheld Ticket Writer application" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-09-25 - 10:43:50 PM GMT- IP address: 35.229.54.2 Document emailed to Marilyn Pavlov (marilynp@cupertino.org) for approval 2025-09-25 - 10:57:36 PM GMT Email viewed by Marilyn Pavlov (marilynp@cupertino.org) 2025-09-25 - 10:57:45 PM GMT- IP address: 54.196.162.76 Document approved by Marilyn Pavlov (marilynp@cupertino.org) Approval Date: 2025-09-25 - 11:09:56 PM GMT - Time Source: server- IP address: 69.209.31.163 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-09-25 - 11:10:00 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-09-25 - 11:10:09 PM GMT- IP address: 35.175.205.183 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-09-25 - 11:59:01 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to Brook Westcott (bwestcott@dataticket.com) for signature 2025-09-25 - 11:59:06 PM GMT Email viewed by Brook Westcott (bwestcott@dataticket.com) 2025-09-26 - 0:45:05 AM GMT- IP address: 146.75.146.0 Document e-signed by Brook Westcott (bwestcott@dataticket.com) Signature Date: 2025-09-26 - 0:46:37 AM GMT - Time Source: server- IP address: 166.199.151.83 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2025-09-26 - 0:46:41 AM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2025-09-26 - 0:46:49 AM GMT- IP address: 35.175.205.183 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2025-09-26 - 1:02:36 AM GMT - Time Source: server- IP address: 73.170.186.236 Document emailed to Teri Gerhardt (terig@cupertino.org) for signature 2025-09-26 - 1:02:40 AM GMT Email viewed by Teri Gerhardt (terig@cupertino.org) 2025-09-26 - 1:03:05 AM GMT- IP address: 35.175.205.183 Document e-signed by Teri Gerhardt (terig@cupertino.org) Signature Date: 2025-09-26 - 2:15:08 AM GMT - Time Source: server- IP address: 73.158.167.141 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-09-26 - 2:15:12 AM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-09-26 - 2:15:18 AM GMT- IP address: 52.207.254.116 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-09-29 - 3:46:45 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-09-29 - 3:46:45 PM GMT