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HomeMy WebLinkAbout24C161 - Advexure, LLCA`bRa CERTIFICATE OF LIABILITY INSURANCE DATEIYYYY) Accra' 3DDo594 OB127120/27/2024 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 this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: LOCKTON COMPANIES, LLC PHONE 888-828-8365 FAX 3657 Briarpark Dr., Suite 700 LAIC, No..Eatf NO' E-MAIL Houston, TX 77042 ADDRESS, insPa i certs locktonafinit com RECEIVED INSD S AFFORDING COVERAGE NAIL/ INSURER A: ACE Fire Underwriters 20702 INSURED OCT 0 � 2024 TAB PRODUCTS CO LLC Ll 605 4TH ST MAYVILLE. WI 53050-1802 OFFICE OF THE CITY LI.ERK COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE rADOL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 0 OCCUR EACH OCCURRENCE t DGE TO RENTED PREMISES Ea occunenre $ MED EXP (Any one person) s PERSONAL & ADV INJURY $ GEN-L AGGREGATE LIMIT APPLIES PER: POLICY ❑JET LOC OTHER: GENERAL AGGREGATE S PRODUCTS-COMP/OP ADD $ S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS AUTSNON-OWNED COMBINED SINGLE LIMIT Ee accident $ BODILY INJURY (Per person) S BODILY INJURY (Per accident) t PROPERTY(PewntAMAGE $ S UMBRELLA UAB BUR EXCESS UAB CLAIMS -MADE DED RETENTION EACH OCCURRENCE S AGGREGATE t $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTNE YIN A OFFICERIMEMBER EXCLUDED? I (Mandatary to NH) rfyes.describeundet DESCRIPTION OF OPERATIONS below NIA C72425339 1D/012024 t0101/2025 X STATUTEOR E.L. EACH ACCIDENT t 2,000,000 E.L. DISEASE - EA EMPLOYE t P,000,000 E.L. DISEASE - POLICY LIMIT I s ZODo,oDo DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 43294 - 570391 132 - 210 AUTOALL FOR AADC 923 The City of Palm Springs 3200 East Tahquitz Canyon Way AUTHORIZED REPRESENTATIVE Palm Springs, CA 92262-6959 1�1111"I�IIIIIrI1rIrlrlrrllrrlr�Illlllrl�'III��III'II'�II'I111�' ���'�-^'��`''�' © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Unmanned Aerial Vehicles and Associated services Advexure, LLC Travis Waibel twaibel@advexure.com PURCHASE OF UNMANNED AERIAL VEHICLES (UAVS) AND ASSOCIATED SERVICES $171,712.98 1 Year 8/1/24-7/31/25 Yes Travis Waibel: twaibel@advexure.com Police Melissa Cain Ext. 8128 07/25/24. Item 1O 24C161 N/A Yes Yes Yes Department N/A No Coop pricing verified. #011223-ADX Sourcewell 07/09/24 Kendall Bradley Docusign Envelope ID: 2E1DA13F-571D-4D18-9FBA-8AA428551D64 4.13.2023 COOPERATIVE PURCHASE AGREEMENT 24C161 UNMANNED AERIAL VEHICLES AND SERVICES This Cooperative Purchase of Equipment and Training Services Agreement (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Advexure LLC, a Wisconsin Limited Liability Company (“Contractor”). City and Contractor are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement. 1.Background. a.This Agreement is made and entered into in reference to the competitively solicited SOURCEWELL Contract No.011223-ADX with Contractor (“Cooperative Agreement”). b.The City desires to utilize the equipment and associated services for the Palm Springs Police Department (PSPD) attached hereto as Attachment “A”, the content of which is incorporated by reference to this Agreement as if fully set out her in its entirety. c.Contractor desires to perform said services on the terms and conditions set forth in this Agreement. 2.Term. Unless earlier terminated in accordance with Section 10 of this Agreement, this Agreement shall continue in full force and effect, commencing on August 1, 2024, and ending on July 31, 2025. 3.Compensation and Payment. This Agreement is for an amount not to exceed $171,712.98, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown as Attachment “B”, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4.Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 5.Insurance. Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Attachment "C", incorporated herein by reference. If no insurance is required Attachment “C” will reflect that there are no requirements. Item 1O - Page 5 Docusign Envelope ID: 2E1DA13F-571D-4D18-9FBA-8AA428551D64 4.13.2023 6.Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 7.Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed, or hand delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Contractor: ADVEXURE LLC Attention: Travis Waibel 9281 Irvine Boulevard Irvine, CA 92618 8.Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with this Agreement. 9.Changes. In the event any change or changes in the work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: Item 1O - Page 6 Docusign Envelope ID: 2E1DA13F-571D-4D18-9FBA-8AA428551D64 4.13.2023 A.To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B.To provide for additional work not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession. 10. Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon 30 days written notice to City. 11. Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 12. Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Item 1O - Page 7 Docusign Envelope ID: 2E1DA13F-571D-4D18-9FBA-8AA428551D64 4.13.2023 Sanctions Program by completing the form located in Attachment “D” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. 13. Entire Agreement. This Agreement, along with the Cooperative Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written between the parties. In the event of conflict or inconsistency between this Agreement and the Cooperative Agreement, this terms and conditions in this Agreement shall prevail. [Signature Page Follows] Item 1O - Page 8 Docusign Envelope ID: 2E1DA13F-571D-4D18-9FBA-8AA428551D64 4.13.2023 SIGNATURE PAGE TO COOPERATIVE PURCHASE OF EQUIPMENT AND ASSOCIATEDSERVICES AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND ADVEXURE LLC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _____________________________ By: _____________________________ Signature Signature (2nd signature required for Corporation) Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: ___07/25/24_____________ Item No. __1O______________ APPROVED AS TO FORM: ATTEST: By: _____________________________ By: _____________________________ City Attorney City Clerk APPROVED: By: _____________________________ Date: ____________________________ City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Item 1O - Page 9 Docusign Envelope ID: 2E1DA13F-571D-4D18-9FBA-8AA428551D64 8/7/2024 8/7/2024 4.13.2023 ATTACHMENT A SCOPE OF WORK The scope of the services is outlined in the SOURCEWELL – Unmanned Vehicle Systems Contract #011223-ADX. Services include the purchase of equipment and training. Advexure: Contract 011223-ADX | Sourcewell (sourcewell-mn.gov) Item 1O - Page 10 Docusign Envelope ID: 2E1DA13F-571D-4D18-9FBA-8AA428551D64 4.13.2023 QUOTE / PRICING Pricing is outlined in the SOURCEWELL – Unmanned Vehicle Systems Contract #011223-ADX and detailed below. Item 1O - Page 11 Palm Springs Police D<!partme nt QuOle #55605-3 D.il8<1 · 04 /16!2024 •n·, ,i;m • .. "" 2 DJI-MJ OTCB OJ I MalriOil 30T Com bo wl care Enlam rlse !Basic. 1 Yi,.ir ' 4 OJI-CE B-M30T OJI C.ire EnlM E!!]S9 Pl.in Reri&w.il (Basic, MJOT . 1 Ye.ir} 36 DJI-M3 0TB30 OJ I M.ilriOil 30 1830 lnle llinen l A i"'11 Ball""' 6 DJI-CSB37 OJ I WB37 lnla ll!;lllnl B.itt,;ri 2 CZ I-LP12 OJ I LP12 SE!Q~hl & St!!.lkM ror OJ I Malrice 30 2 GPC-H30C GPC OJ I Malr ioo 30 Hard Case 2 DJI-RCPLSK OJ I RC Plus Shoulder Hartl!!s.s Sltan & Bracket Kit 12 DJI-M30P9 OJI MalriOil 30 Standard m1111 Prooeller Pair 5 DJI-M3TB2 OJ I Mavie 3 Thermal w/ OJ I Care Entemrise tBasic 2 Yea 5 OJ I-CEB-M3 T OJI Care Enter (!jse Pl.in Reri&wa l (Basic MJ T 1 Year ) 10 DJI-MJ EPS OJ I Mav ie 3 Enlemrge B.lllaN Kit 18 DJI-MAVJ BT OJI Mav ie 3 lnle llic en l Flilllll Ball8f'V 32 DJI-M3 El'3 OJ I Mav ie 3 Ente rn rise Pro~ell ers {Palrl 5 JO-U3 OJI U3 Soollioht & SoMke r rcx OJ I Mavic 3 Enle rorise Ser 4 DJI-MN4PCP-R C2 OJ I Mini 4 Pro FIii More Combo Plus /OJ I RC 2\ 4 DJI-CH N4P-2 Y OJI Care Refresh !DJ I Mini 4 Pm . 2 Years! 4 0JI-MN4 P-PG OJI Mini 4 Pro 360 ' Prull!!IIGr Guard 3 DJI-AVA2 .fMC3 OJI Ava l.i 2 Fit More Combo (Three Battelies} 3 DJI-CA V A2 -2Y OJ I Ca re Relresh !OJ I Asata 2 2 Years ) 16 DJI-AVA2-BT OJI Ava l.i 2 lnlelli0enl Fliohl Batterv 9 OJI-AVA2.f>RP OJI Ava la 2 P.,,,..llers fSel of 41 3 DJI-FPV-RC3 OJ I FPV Remote Coolru ll er 3 3 GPC-DJ I-AVA2 GPC DJ I Avala 2 Hard Case 20 SD-HSD64E San OiSk 64 GB Exlreme Micro SD Ca rd llilh Adanter 10 HM-A D-ll'3 Ad•eXll re Hood man Orone La uncl\ll.andir\Q P.id (3 Fi l 6 DS-DSC2 OmnaStu1se Class 2 UAS (2 M30T x 3 Yeats) 3 DS-DSMSAT DrooeSense Ma bile SUeaming and Tracki ng 6 DS-DSC P-AVA omnaSense CoPilOI fcx Avata 12 Avala x 3 Years) 5 AOV-BLXL-PS P[ Adve xute Blll"Li nk XL Slleamin g Box+ Mon itor (Base: OJ I l ADV-ASP F AdVeXll /9 Public Safety Aii'C ta~ Setu p (M30T I M3T) l ADV-ELPS Advexure Enterprise Le,e l Lifetime S~port l AD V-TRN Advexute 2-Da v Local S~s tems Tra inir\Q and Fleet Fam iliZ ChangH Reg uHted 41 15/24 (Meeting: TW W/ WH + FGI • Remove 15 OS Class 1 Licenses (5 M3T for 3 Years) Travis Wa ibe l/ Cody Tnomas m .. "~' ··• 9.637.00 19,274 .00 713.00 2,852.00 329 .00 11 ,844 .00 59.00 354.00 1,750.00 3,500.00 499 .00 998.00 39 .00 78 .00 49 .00 588.00 5,748 .00 28,740 .00 499 .00 2,495.00 659.00 6,590.00 209.00 3,762.00 19.00 608.00 1,099 .00 5,495.00 1,159.00 4,636.00 125.00 500.00 29.00 1.16.00 1.199.00 3,597.00 99 .00 297.00 129.00 2,064.00 9.00 81.00 199.00 597.00 249.00 747.00 10.00 200.0 0 40 .00 400.00 3,400.00 20,400 .00 2,400.00 7,200.00 900.00 5,400.00 7.000 .00 35,000 .00 168,4 13.0 0 • Add 3 or 5 Blu-Llnk XL 'with M3T foarn , XL mooe l 'wilh laige r :saeen, not OG ! • Add 1 l'nOltl Ava!Jl 2 selil p • Swi lc:h M3E Spomghl/Spe~kers lo U3 Combo • Add Prop Guards ror Mini 4 PIO • Ei,sure all ailcra n have 3 yMrs of Care, if ava il able ,,.., ~tllollfo:l'.~U IJ;al •• ,n 481.85 963.70 #II 9.155.15 18.3 10.3 0 T 1,693.70 35.85 1.42.60 #II 677.35 2.7 09.40 N 16.45 592.20 51b 312.55 11.251.BO T 1,040.79 2.95 17.70 51b 56.05 336.30 T 31.11 87 .50 175 .00 51b 1.662.50 3.325.00 T 307.56 24 .95 49 .90 51b 474.05 948.10 T 8?.70 1.95 3.00 51b 37.05 74.1 0 T 6.8S 2.45 29.40 51b 46.55 558.60 T 51.67 287.40 1,437.00 51b 5,460.60 27 ,303.00 T 2,525.53 24.95 124.75 51b 474.05 2,370.25 N 32.95 329.50 Sib 626.05 6,260.50 T 579 .10 10.45 188.10 51b 198.55 3,573.90 T 330.S.9 0.95 30 .40 51b 18.05 577 .60 T 53.43 54.95 274.75 51b 1,044.05 5,220 .25 T 482.87 57 .95 231.80 51b 1,101.05 4,404 .20 T 407.39 6.25 25.00 51b 11 8.75 475.00 N 1.45 5.80 Sib 27.55 110.2 0 T 10.19 II# 1,199.00 3,597.00 T 332.72 #II 99.00 297.00 N #II 129.00 2,064.00 T 191Ht2 #II 9.00 81.00 T 7.49 #II 199.00 597.00 T 55.22 12.45 37.35 #II 236.55 709 .65 T 6S.64 0.50 10.00 51b 9.50 190 .00 T 17.58 2.00 20.00 51b 38.00 380.00 T 35.15 170 .00 1,020.00 Sib 3,230.00 19,380.00 N 120.00 360.00 51b 2.280.00 6,840 .00 N 45 .00 270.00 51b 855.00 5,130.00 N 350.00 1,750.00 Sib 6,650.00 33,250.00 T 3,075.63 N N N 8,088.85 160,324.15 11,388 .83 Item Tota l $168,4 1].00 Conlr.ict Pricing -S8 ,088 .. 85 SUbto l al Sl60,324.l5 Sales Tax (9.25 % Sll,3 88.83 Shipping SO .Oil Total S171,712.98 ATTACHMENT B Docusign Envelope ID: 2E1DA13F-571D-4D18-9FBA-8AA428551D64 4.13.2023 ATTACHMENT C INSURANCE REQUIREMENTS INSURANCE 1.Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30)days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2.Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1.Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2.Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3.Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: _________ required ___X____ is not required; 4.Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form. 3.Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. Item 1O - Page 12 Docusign Envelope ID: 2E1DA13F-571D-4D18-9FBA-8AA428551D64 4.13.2023 4.Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5.Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6.Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A."The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). B."This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). C."Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. D.Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to Item 1O - Page 13 Docusign Envelope ID: 2E1DA13F-571D-4D18-9FBA-8AA428551D64 4.13.2023 obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them. 7.Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions. 8.Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability. Item 1O - Page 14 Docusign Envelope ID: 2E1DA13F-571D-4D18-9FBA-8AA428551D64 4.13.2023 ATTACHMENT D EXECUTIVE ORDER N-6-22 CERTIFICATION Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect. Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals. The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California. Signature: Printed Name: Title: Firm Name: Date: Item 1O - Page 15 Docusign Envelope ID: 2E1DA13F-571D-4D18-9FBA-8AA428551D64 Travis Waibel 8/7/2024 Managing Member Advexure LLC CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 322-8328 BUSINESS LICENSE CERTIFICATE Fees Paid:$174.00 ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE LICENSEE TO OPERATE OR MAINTAIN A BUSINESS IN VIOLATION OF ANY OTHER LAW OR ORDINANCE. THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY NOR OF THE APPLICANT'S QUALIFICATIONS. Business Name:Advexure LLC DBA: Advexure Unmanned Systems Owner:Advexure LLC Mailing Address:9281 IRVINE BLVD IRVINE, CA 92618 License Number:OC-006987-2024 Expiration Date:07/31/2025 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. Business Location:9281 IRVINE BLVD, IRVINE, CA 92618 Business Description:Unmanned Aerial Systems TO BE POSTED IN A CONSPICUOUS PLACE Docusign Envelope ID: 2E1DA13F-571D-4D18-9FBA-8AA428551D64 07/09/2024 Harpenau Insurance, a division of Henriott Group, Inc. PO Box 7 Troy, IN 47588 License #: 3493509 Cheri Harpenau (812)547-7901 (812)547-7776 cheri@harpenauinsurance.com 00411456-700566 26 Advexure, LLC 9281 Irvine Blvd Irvine, CA 92618-1645 American Alternative Insurance Corporation 19720 A 9043564 12/10/2023 12/10/2024X X X 6,000,000 0 0 1,000,000 N/A 6,000,000 Travelers Casualty and Surety Company of Americ 19046 B BA-6X189165-23-42 12/10/2023 12/10/2024 X X X 1,000,000 Travelers Property Casualty Company of America 25674 C UB-6X189546-23-42 12/10/2023 12/10/2024 Y X 1,000,000 1,000,000 1,000,000 American Alternative Insurance Corporation 19720 A 9043528 12/10/2023 12/10/2024Aviation Liability Each Occurence 2,000,000 Spinnaker Insurance 17045 D FLY-CB-RP81D5NZU 12/10/2023 12/10/2024Cyber Liability Each Claim 2,000,000 UAV Equipment Distributor Certificate holder is hereby named as additional insured. City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 (CRH) Printed by CRH on 07/09/2024 at 06:07PM ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Docusign Envelope ID: 2E1DA13F-571D-4D18-9FBA-8AA428551D64