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25-004 Balance Studios, Inc for Tour Augmented Reality Application Troubleshooting Tour Augmented Reality Application Troubleshooting 1 of 5 Services Agreement ($5,000) / April 2024 SERVICES AGREEMENT ($5,000 OR LESS) 1. Parties. This Agreement (“Agreement”) is made by and between the City of Cupertino, a municipal corporation (“City”) and Balance Studios, Inc. (“Contractor”), a Corporation, and is effective on the last date signed below (“Effective Date”). 2. Services. Contractor agrees to provide the programs, classes or activities (“Services”) set forth in detail in the Scope of Services, attached and incorporated here as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 3. Time of Performance. This Agreement begins on the Effective Date and ends on June 01, 2025 (“Contract Time”), unless terminated earlier as provided herein. Contractor must deliver the Services in accordance with the Schedule of Performance included or attached to Exhibit A. 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. The City’s designated supervisor for this Agreement may extend the Contract Time by up to six (6) months through a written amendment to this Agreement, provided such extension does not include additional contract funds. 4. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based upon actual costs but that will be capped so as not to exceed $5,000.00 (“Contract Price”), based upon the Scope of Services and the budget and rates included in Exhibit A. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. Upon City approval of written invoices, Contractor will be paid as follows: (check one; cross out others): ☒ A lump sum amount of $5,000.00 which shall not exceed the Contract Price. ☐ At the rate of $_______ per hour for a total not to exceed the Contract Price. ☐ Based on the payment schedule included or attached to Exhibit A which shall not exceed the Contract Price. 5. Independent Contractor. 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, workers compensation or other benefits from the City. Contractor must have the skills and qualifications to perform the Services in a competent and professional manner, and must be licensed, registered, and/or certified and have a City Business License. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 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 Tour Augmented Reality Application Troubleshooting 2 of 5 Services Agreement ($5,000) / April 2024 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 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. 7. Assignment. This Agreement is not assignable. Contractor may not substitute another or transfer any rights or obligations under this Agreement without prior written approval of City. Only those persons whose names are included in Exhibit A may perform the Services. 8. Indemnification. To the fullest extent allowed by law and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; Contractor must pay any costs City may incur in enforcing this provision and must accept a tender of defense upon receiving notice from City. 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. 9. Insurance. Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B, 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. Tour Augmented Reality Application Troubleshooting 3 of 5 Services Agreement ($5,000) / April 2024 10. Compliance with Laws. Contractor shall comply with all laws and regulations applicable to this Agreement, included without limitation the following laws: 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. ☐ Sole Proprietor. If Contractor is a sole proprietorship/individual, it must sign the Affidavit of No Employees included in this Agreement. 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, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's 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. 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 the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 11. Abandonment. City may abandon or postpone the Project at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment. 12. Termination. City may terminate this Agreement for cause or without cause at any time. City reserves the right to terminate the Agreement and the remainder of the Services offered by Consultant without notice based upon Contractor’s cancellation of a Service (i.e., program, class or activity) without giving advance notice or obtaining written approval from City. 13. Governing Law. 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. 14. Entire Agreement. This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement or understanding, either oral or Tour Augmented Reality Application Troubleshooting 4 of 5 Services Agreement ($5,000) / April 2024 written, between the Parties. Any changes to 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. Each provision and clause required by law for this Agreement is deemed to be inserted and will be inferred herein. 15. Services Coordinator. The Parties designate the following persons as Services Coordinators for this Agreement. Contractor’s designation and any substitution are subject to City approval. For City: For Contractor: Teri Gerhardt Heidi A. Klessig Chief Technology Officer Vice President of Client Relations terig@Cupertino.org Heidi@BalanceStudios.com 16. Contract Interpretation. There are no intended third party beneficiaries of this Agreement. Neither acceptance of the Services nor payment therefor shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. The headings in this Agreement are for convenience only. The Indemnification and Governing Law sections expressly survive this Agreement. 17. Severability. If a term or provision of the Agreement or its application to a particular situation is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in 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. 18. Notices. All notices, demands, requests, and approvals must be sent to the persons below in writing, and will be considered effective on the date of personal delivery, upon confirmation of delivery by a reputable overnight delivery service, on the fifth calendar day after deposit thereof 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: Balance Studios, Inc. 2200 Dickinson Rd., Bldg. 1 De Pere, WI 54115 Attention: Heidi A. Klessig Email: Heidi@BalanceStudios.com 19. Execution. Contractor’s signatory warrants that he or she is authorized to execute the Agreement and to legally bind 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 Tour Augmented Reality Application Troubleshooting 5 of 5 Services Agreement ($5,000) / April 2024 IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed as of the Effective Date written above. CITY OF CUPERTINO A Municipal Corporation BALANCE STUDIOS, INC By: By: Name: Name: Title: Date: Title: Date: APPROVED AS TO FORM: By: MICHAEL WOO Acting City Attorney ATTEST: By: KIRSTEN SQUARCIA City Clerk Date: Tina J Lutz Tina J Lutz Vice President Jan 8, 2025 Teri Gerhardt CTO Jan 8, 2025 Jan 8, 2025 Balance Digital Media Studios is a tradename of Balance Studios, Inc 1 The City of Cupertino Tour Augmented Reality Application Troubleshooting Scope of Work Revised: November 14, 2024 Original Submission: November 8, 2024 Adam Araza Business Systems Analyst – GIS City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 408-777-3210 AdamA@Cupertino.org Heidi A. Klessig Vice President of Client Relations Balance Studios, Inc. 2200 Dickinson Road - Building 1 De Pere, WI 54115 920-433-9770 Heidi@BalanceStudios.com EXHIBIT A Balance Digital Media Studios is a tradename of Balance Studios, Inc 2 Project Synopsis: The City of Cupertino (Cupertino) is looking to for support for their Tour Augmented Reality Application to update their iOS application functionality. The current iOS application does not exhibit the correct location behavior, which is demonstrated in the Android application. When opening the application, the Android application showcase all of the tour locations, whereas the iOS version only displays the first location and then after that location is visited, the rest appear. Cupertino is commissioning Balance Studios, Inc. (Balance) to update the Application and provide the files back to Cupertino for submission. In addition, provide documentation on findings, clarification if any assets need to be purchased by Cupertino, if the issue can be resolved without updating the Unity version and if there are errors with publishing due to account changes between Balance and Cupertino. Responsibilities: Balance is Responsible for:  Further clarification sessions with Cupertino to clearly define the project development details.  Project coordination, project organization and management, and asset management to ensure all elements are collected and allocated, timelines are maintained, and approvals are made.  Technical specifications  Production schedule  Application o Application programming o Application testing  Files provided to Cupertino for final submission to iTunes and Google Play Cupertino is Responsible for:  For the timely delivery and approvals of project elements as defined in the production schedule.  Being available for meetings, as needed.  Application testing  Agrees to the number of reviews/revisions and understands there will be additional fees for additional change request.  Aiding in the application testing phases. Balance Digital Media Studios is a tradename of Balance Studios, Inc 3 Approvals: Approvals by phases are an integral step in order to maintain budgets and timeline. After these approvals have been made by Cupertino, any changes thereafter will call for a change order with a re-examination of the time, resources, and associated costs necessary to accommodate the requested change. *Note: Due to the process of AR App development, reviews and approval will be ongoing with Balance providing as much notice as possible prior to each needed review.  Final testing (1 round of revisions)  Files submitted to Cupertino for submission Assumptions: *The estimated time and resources are based on the following assumptions & criteria: Global Project Development Assumption:  A production schedule with key milestones and delivery dates will be created post kick-off meeting. If timelines or deadlines are missed, the delivery date cannot be guaranteed and the project cost may be re-evaluated  Main Contact for Cupertino for communication, coordination, rev iew comments and final approvals. Cupertino: Adam Araza  Due to the nature of application development and the speed of technologies evolution, Balance Studios is not responsible for bugs, incompatibilities, or changes in functionality due to unforeseen future upgrades to OSs, plug-ins, third party application integrations or other new technologies after the launch date. If these occurrences arise, a new project scope defining costs and timelines will be submitted.  Due to the process of App development, reviews and approval will be ongoing with Balance providing as much notice as possible. Technical Specifications:  The AR experience assets will be ‘baked’ into the App.  Wi-Fi is needed for initial download of the final App if size is over 100mb.  App deployed to iTunes and Google Play Stores using the Cupertino developer account.  Important Note Regarding iTunes and Google Play App Stores: o Once the App has been approved by Cupertino and Balance has deployed the app to iTunes and Google Play App stores, the review and approval time lies with the App Store review team. o Balance is not liable for delays or missed event dates due to the App Store review turnaround time. o If the App store rejects the app, Balance will: Balance Digital Media Studios is a tradename of Balance Studios, Inc 4  Work with Cupertino to correct the reason for rejection as quickly as possible.  If additional costs are deemed necessary to correct the rejection – Balance and Cupertino will discuss with a Change Order submission as an end result. Production Schedule: Balance Studios is able to begin the project development as soon as the development is approved. At that time, a specific production schedule will be implemented. Project Budget: General Development Needs & Administration:  Internal and Client Meetings  Project Management, Coordination & Clarification Application Design & Development:  All Integrated Programming  Alpha & Beta Testing  Instruction Manual & Training  Compiling and delivering all project code and assets Application Development: Not to exceed $5,000.00 Balance Digital Media Studios is a tradename of Balance Studios, Inc 5 Standard Payment Schedule & Terms: Standard Payment Terms:  Payment Terms: Net-30 for invoices submitted  Invoices are submitted via email from AccountsPayable@BalanceStudios.com  Payments are accepted by check to 2200 Dickinson Road, Bldg 1, De Pere, WI 54115 Invoice 1 – Up to $5,000.00, due on app code deliver to Cupertino WE WOULD LOVE THE OPPORTUNITY TO WORK WITH YOU! Signature of Commitment *By signing below, the City of Cupertino is providing approval for the preliminary services and estimate as specified in this proposal, the selection of Balance Studios, Inc. as its Tour Augmented Reality Application Troubleshooting partner, and are ready to move into the project execution phases. This proposal is good for 30 days. Please call Heidi Klessig at 920-433-9770 if there are any questions, needed revisions or modifications. Balance Studios: City of Cupertino: By: By:_____________________________ Its: Vice President Its: _____________________________ Date: November 14, 2024 Date:____________________________ Insurance Requirements for Services Agreement ($5,000 or less) 1 Version: August 2024 Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance and results of the Services hereunder by the Contractor, his agents, representatives, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, contractual liability, property damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement under this agreement 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 (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor'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 CG 20 01 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or, if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), 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 if Contractor provides written verification it has no employees). 4. Professional Liability. Insurance which includes coverage for professional acts, errors and omissions, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate (if applicable). Claims Made Policies (applicable only to professional liability) If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the Effective Date of the Contract. 2. Insurance must be maintained for at least five (5) years after completion of the Services. 3. 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 Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor. EXHIBIT B Insurance Requirements Services Agreement ($5,000 or less) Insurance Requirements for Services Agreement ($5,000 or less) 2 Version: August 2024 OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor’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 Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions City may approve self-insured retentions and require proof of Contractor’s ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or 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 Contractor shall furnish the City with acceptable original 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 to City prior to commencing the Services. City retains the right to demand verification of compliance at any time during the Contract. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances. 07/22/2024 Alliance Insurance Centers LLC 3138 Market Street Green Bay WI 54304 Jennifer Vanlieshout (920) 330-9000 (920) 330-9001 jvanlieshout@allianceinsurancecenters.com Balance Studios, Inc. 2200 Dickinson Rd Bldg 1 De Pere WI 54115 Hartford Casualty 29424 Hartford Underwriters 30104 Apogee Insurance Group 24/25 Cert List A Y Y 83SBAIK0498 03/01/2024 03/01/2025 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A 83SBAIK0498 03/01/2024 03/01/2025 1,000,000 A 10,000 83SBAIK0498 03/01/2024 03/01/2025 2,000,000 2,000,000 B Y 83WECII7258 03/01/2024 03/01/2025 1,000,000 1,000,000 1,000,000 C Professional Liability WG00001372AD 07/10/2024 07/10/2025 Each Occurrence $2,000,000 Policy Aggregate $2,000,000 THE GENERAL LIABILITY POLICY, WHICH INCLUDES THE HIRED/NONOWNED AUTO LIABILITY, WRITTEN WITH HARTFORD INSURANCE COMPANIES HAS NO SIR RETENTION AND/OR DEDUCTIBLE. THE UMBRELLA POLICY WRITTEN WITH HARTFORD INSURANCE COMPANIES HAS A $10,000 SIR RETENTION AS SHOWN ABOVE; THERE IS NO OTHER SIR RENTENTION OR DEDUCTBLE APPLICABLE. THE WORERS' COMPENSATION/EMPLOYER LIABILITY POLICY WRITTEN WITH HARTFORD INSURANCE COMPANIES HAS NO SIR RETENTION AND/OR DEDUCTIBLE. THE PROFESSIONAL LIABILITY POLCY WRITTEN WITH APOGEE INSURANCE GROUP HAS NO RETENTION AND/OR DEDUCTIBLE. City of Cupertino 10300 Torre Avenue Cupertino CA 95014 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 Balance Studios, Inc. 00035329 Alliance Insurance Centers LLC 25 Certificate of Liability Insurance City of Cupertino and those entities not specifically named but included/required within the signed contracts are hereby listed as an additional insured under the general liability policy, primary and non-contributory, as respects to work performed by the named insured, subject to the policy language, forms, conditions and exclusions. A General Liability Waiver and Workers’ Compensation Waiver of Subrogation have been added in favor of City of Cupertino and those entities not specifically named but included/required within the signed contracts. Umbrella is following form Should any of the aforementioned described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the named certificate holder, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Tour Augmented Reality Application Troubleshooting Final Audit Report 2025-01-08 Created:2025-01-08 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAATVwaRXdLv9yi-3kIbiF7Hf1dB4iX0AX1 "Tour Augmented Reality Application Troubleshooting" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-01-08 - 6:33:24 PM GMT- IP address: 35.229.54.2 Document emailed to Marilyn Pavlov (marilynp@cupertino.org) for approval 2025-01-08 - 7:02:27 PM GMT Email viewed by Marilyn Pavlov (marilynp@cupertino.org) 2025-01-08 - 7:02:35 PM GMT- IP address: 3.232.50.116 Document approved by Marilyn Pavlov (marilynp@cupertino.org) Approval obtained using URL retrieved through the Adobe Acrobat Sign API Approval Date: 2025-01-08 - 7:03:03 PM GMT - Time Source: server- IP address: 69.209.31.163 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-01-08 - 7:03:06 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-01-08 - 7:03:21 PM GMT- IP address: 3.232.50.116 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-01-08 - 7:42:23 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to tina@balancestudios.com for signature 2025-01-08 - 7:42:26 PM GMT Email viewed by tina@balancestudios.com 2025-01-08 - 7:49:16 PM GMT- IP address: 74.125.212.69 Signer tina@balancestudios.com entered name at signing as Tina J Lutz 2025-01-08 - 7:58:38 PM GMT- IP address: 108.147.94.125 Document e-signed by Tina J Lutz (tina@balancestudios.com) Signature Date: 2025-01-08 - 7:58:40 PM GMT - Time Source: server- IP address: 108.147.94.125 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2025-01-08 - 7:58:43 PM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2025-01-08 - 7:58:50 PM GMT- IP address: 3.232.50.116 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2025-01-08 - 8:13:30 PM GMT - Time Source: server- IP address: 73.170.186.236 Document emailed to Teri Gerhardt (terig@cupertino.org) for signature 2025-01-08 - 8:13:33 PM GMT Email viewed by Teri Gerhardt (terig@cupertino.org) 2025-01-08 - 8:13:39 PM GMT- IP address: 3.232.50.116 Document e-signed by Teri Gerhardt (terig@cupertino.org) Signature Date: 2025-01-08 - 9:36:26 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-01-08 - 9:36:29 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-01-08 - 9:36:37 PM GMT- IP address: 3.232.50.116 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-01-08 - 10:51:38 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-01-08 - 10:51:38 PM GMT