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HomeMy WebLinkAboutReso - CC - 133-2025 RESOLUTION NO. 133-2025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE PURCHASE OF A TWO-OFFICER VR TRAINING SYSTEM BY OPERATOR XR, WITH WARRANTY AND SUPPORT SERVICE AGREEMENT AND PRODUCT LICENSE FOR A TOTAL COST OF $138,606.25 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AND SERVICE AGREEMENT WHEREAS, the Burlingame Police Department’s ongoing officer development involves the use of a force options simulator that allows officers to critically think under stress and demonstrate decision-making skills in potential use-of-force situations; and WHEREAS, the current screen-based system, which is outdated, will be replaced by a virtual reality system that can be custom-tailored to department needs, providing an immersive and realistic training platform that will allow officers to also practice de-escalation; and WHEREAS, in July 2024, the department explored upgrading to the newer virtual reality system from Operator XR, which will qualify as a sole source vendor, allowing a larger training area with customizable scenarios that better reflect current policies and procedures; and WHEREAS, the system will include a hardware set-up allowing two users and role players, support agreement, on-site training, customer support , software updates, and a one-year maintenance plan; and WHEREAS, staff recommends the City enter into an agreement with Operator XR to upgrade the force options training system, which would satisfy the Continuous Professional Training & Perishable Skills requirement as outlined by California’s Commission of Peace Officers Standards and Training; and WHEREAS, staff has obtained a quote totaling $138,606.25 for hardware purchase and service agreement with Operator XR. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Burlingame, California, which finds and orders as follows: 1. The public interest and convenience require execution of the agreement cited in the title above and attached hereto. 2. The City Manager is authorized to sign the agreement, in the form attached hereto, and City staff is authorized to purchase and execute a contract approving funding of $138,606.25 3. The City Clerk is instructed to attest such signature. Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 _____________________________ Peter Stevenson, Mayor I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 17th day of November, 2025, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: Brownrigg, Colson, Pappajohn, Stevenson, Thayer NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None _____________________________ Meaghan Hassel-Shearer, City Clerk Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 1 CITY OF BURLINGAME PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of Oct 29, 2025 by and between the City of Burlingame, a public agency organized and operating under the laws of the State of California with its principal place of business at 501 Primrose Road, Burlingame, CA 94010 (“City”), and Operator XR, LLC, a Limited Liability Company with its principal place of business at 201 N Union St, STE 110, Alexandria, VA 22314 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. RECITALS A.City is a public agency of the State of California and is in need of professional services for the following project: Operator XR Virtual Reality Training System (hereinafter referred to as “the Project”). B.Consultant is duly licensed and has the necessary qualifications to provide such services. C.The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1.Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 2.Compensation. a.Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b.In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $138,606.25. This amount is to cover Information Technology Services, and the City will pay for any additional services based on pre-approval for projects. Periodic payments shall be made within 30 days of receipt of an invoice which includes service fees, special projects and monthly service reports per scope of work. Payments to Consultant for work performed will be made on a monthly billing basis. 3.Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 2 be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. a. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. Upon request by City during the term of this Agreement, Consultant shall provide to City such documentation and other information regarding the performance of the required services, or the use, operation, support and maintenance of the systems and all associated software (including any applications developed as part of the required services), hardware, networks and equipment, as is collectively sufficient to enable reasonably skilled personnel of City or a third party service-provider to understand the provision of any services provided under this Agreement and the use, operation, support, and maintenance use of the IT systems. b. Consultant shall also provide sufficient documentation for all upgraded or replacement software, hardware, and network components within a reasonable time following installation. To the extent that any documentation relates to third party works, Consultant shall provide documentation that is generally created and accepted in the applicable industry. c. In addition to Consultant's obligations with regard to documentation set forth herein, Consultant shall promptly deliver upon request all documentation and data related to City or performance of the required services then held by Consultant, except for documents and data that are legally privileged in the hands of Consultant. d. Except as otherwise provided in “Termination or Abandonment,” below, all original field notes, written reports, drawings, programs, files, data, specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 5. Period of Performance in accordance with Quotation #072325-5 – 36 months. The term of this Agreement shall be from Issuance of Purchase Order to the terms set forth in Quotation #072325-5 (36 months), unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work. 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 3 to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint (Force Majeure Event”). b.Should such Force Majeure Event occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. In the event Consultant being unable to perform during any period of time some or all of the required services, the City: (i) shall not be required to pay for such unperformed services; (ii) shall be entitled to engage an alternative Consultant on an interim basis to perform the services that Consultant is not able to perform as a result of the Force Majeure Event, until such time as Consultant is able again to perform the services in accordance with the terms hereof; and (iii) shall have the right to terminate this Agreement without liability c.Notwithstanding the foregoing, a Force Majeure Event shall not relieve Consultant from its obligations hereunder: (i) in the event that such obligations are not directly affected by such Force Majeure Event; (ii) in the event that Consultant’s failure to perform its obligations could have been prevented by testing that could have reasonably foreseen such failure, reasonable work-around, other exercise of reasonable diligence or the use of technology common and prevalent in the industry; or (iii) to the exte nt that the Force Majeure Event is caused by Consultant’s failure to perform its Disaster Recovery or Business Continuity Plan obligations in accordance with this Agreement 7.Compliance with Law. a.Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements, applicable data protection, nondisclosure and privacy laws, and conflict of interest laws. Without limiting the generality of the foregoing, Consultant represents and warrants that all services shall comply with applicable local, state and federal or other laws and regulations related to data protection, data privacy and the transmission of technical or personal data, including but not limited to California Information Practices Act of 1977 (Cal. Civ. Code §1798 et seq.), the Health Information Portability and Accountability Act (29 U.S.C. §1181 et seq.), and applicable CJIS Security Policy promulgated by the FBI, as each may be amended from time to time. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 4 b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8. Standard of Care Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant shall comply with all policies and procedures of City that pertain to Consultant in connection with performance of the required services, including but not limited to maintaining secure systems and networks, managing data/information/software access and security, and limiting data/security breaches and disclosures of confidential information as defined by City or applicable law. Material violations or disregard of such industry best practices or federal, state or local laws, regulations, or City policies and procedures shall, in addition to all other available rights and remedies of City, be cause for denial of access or use by Consultant personnel to City’s information systems, networks, equipment, property, and facilities and t ermination of this agreement without penalty. In order to verify compliance with the standards and requirements of this Agreement, City shall have the right to conduct annual security or other audits as prescribed by law. b. Consultant represents and shall ensure that key personnel initially or subsequently assigned to perform the services required by City shall be experienced professionals, possessing the appropriate knowledge, skills and expertise to perform their designated duties. 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 5 addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage (9) Independent Contractors Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 6 (ii)Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii)The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv)Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c.Workers’ Compensation/Employer’s Liability (i)Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii)To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. d.Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e.Minimum Policy Limits Required (i)The following insurance limits are required for the Agreement: Limits Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 combined single limit Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 7 Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 8 right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v)The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h.Qualifying Insurers (i)All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1)Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. i.Additional Insurance Provisions (i)The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii)If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii)The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv)Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j.Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 9 City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 10 foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c.This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. 14.Verification of Employment Eligibility. a.By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. b.Subject to and in accordance with applicable law, Consultant at its sole expense shall have appropriately verified the qualifications of its personnel prior to assignment to this Agreement or the Project, including verification of employment history and qualifications; conducting reference checks; verifying technical certifications, education completed or degrees awarded; performing drug testing; conducting fingerprinting and a security background check that includes investigation and identification of all state or federal misdemeanor or felony convictions of such individual, and criminal charges pending against such individual, during the immediately preceding seven (7) years, and performing such other types of verification as reasonably requested by City. Prior to commencing services, Consultant personnel (including any subconsultants or sub- subconsultants) must successfully pass a California Department of Justice Live Scan Fingerprinting background check (“Live Scan”). Consultant shall be responsible for obtaining the Live Scan and shall bear the cost thereof. c.Consultant agrees that it shall not delegate performance of services under this Agreement to any owner, employee, agent or representative of Consultant that is a retiree of the California Public Employees’ Retirement System (“CalPERS”) or that remains an inactive or active member of CalPERS. City and Consultant agree that any owner, employee, agent or representative of Consultant assigned to perform any of the Services under this Agreement shall be the exclusive employee of Consultant and shall not establish a common law employment relationship with the City. City and Consultant further agree that any single owner, employee, agent or representative of City and Consultant assigned to perform any of the services under this Agreement shall not perform services under this Agreement in excess of 960 hours in any fiscal year. In the event that the City incurs any CalPERS pension liability as a result of Consultant’s assignment of any of Consultant’s owner, employee, agent or representative to perform any of the services under this Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 11 Agreement, Consultant agrees that it shall bear the full responsibility for such pension liabilities, including the payment of normal costs and unfunded liabilities associated with services performed by Consultant’s owner, employee, agent or representative under this Agreement. 15.Confidentiality a.Definition of Confidential Information. For the purposes of this Agreement, “Confidential Information” means: non-public information, data, or material regarding the City’s legal or business affairs, computer data, software, internet technology security environment, or other information reasonably understood to be confidential. Notwithstanding any of the foregoing, Confidential Information does not include information which: (i) is or becomes public knowledge without any action by, or involvement of, the party to which the Confidential Information is disclosed (the “Receiving Party”); (ii) is documented as being known to the Receiving Party prior to its disclosure by the other party (the “Disclosing Party”); (iii) is independently developed by the Receiving Party without reference or access to the Confidential Information of the Disclosing Party and is so documented; or (iv) is obtained by the Receiving Party without restrictions on use or disclosure from a third person who did not receive it, directly or indirectly, from the disclosing party. b.Use and Disclosure of Confidential Information. The Receiving Party will, with respect to any Confidential Information disclosed by the Disclosing Party before or after the Effective Date: (i) use such Confidential Information only in connection with the Receiving Party’s performance of this Agreement; (ii) restrict disclosure of such Confidential Information within the Receiving Party’s organization to only those of the Receiving Party’s employees and independent contractors who have a need to know such Confidential Information in connection with the Receiving Party’s performance of this Agreement and (iii) except as provided herein, not disclose such Confidential Information to any third party unless authorized in writing by the Disclosing Party to do so. c.Protection of Confidential Information. The Receiving Party will protect the confidentiality of any Confidential Information disclosed by the Disclosing Party using at least the degree of care that it uses to protect its own confidential information (but no less than a reasonable degree of care). d.Employee and Independent Contractor Compliance. The Receiving Party will, prior to providing any employee or independent contractor access to any Confidential Information of the Disclosing Party, inform such employee or independent contractor of the confidential nature of such Confidential Information and require such employee or independent contractor to comply with the Receiving Party’s obligations hereunder with respect to such Confidential Information. Prior to performing any Services, Consultant employees or independent contractors who will access the CityCity’s Confidential Information, shall sign a confidentiality and non-disclosure agreement concerning access protection and data security. Consultant shall provide its employees and independent contractors only with the level of access as is required for such individual to perform his/her/their assigned tasks and functions. e.Compelled Disclosure. A disclosure by one party of Confidential Information of the other party to the extent required by applicable law will not be considered a breach of Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 12 this Agreement, provided the party so compelled promptly provides the other party with prior notice of such compelled disclosure (to the extent legally permitted) and provides reasonable assistance, at the other party’s cost, if the other party wishes to contest the disclosure. 16.Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Mateo, State of California. 17 Termination or Abandonment a.City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b.Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. c.In connection with any expiration or termination of the Agreement or cessation for whatever reason of Consultant’s performance of the required services or any portion thereof then being provided (together, “terminated service(s)”), Consultant shall take all necessary and appropriate actions to accomplish a complete, timely, and seamless transition from Consultant to City, or to any third party service providers designated by City, without material interruption or material adverse impact to the required services, service levels, and any other services provided to City by third parties. At City’s option, Consultant shall immediately give title and possession to all original field notes, drawings and specifications, written reports, computer files and other documents, files or data produced or developed for that portion of the work completed and/or being abandoned, and/or Consultant shall provide City with written certification of the destruction of, all such documents, computer files, data and other materials containing any Confidential Information of City that are in Consultant’s possession or control. Consultant shall promptly cooperate with City and any designated service providers, and take all necessary steps to assist City in effecting a complete and timely disentanglement, including the provision of all information necessary to effect the transition, and continue the provision, of any terminated service. Consultant shall also provide for the prompt and orderly conclusion of all work related to the services being terminated, as City Client may require, including completion or partial completion and documentation of all work in progress, and other appropriate measures to effect an orderly transition to City or designees. Consultant’s obligation to provide the required services Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 13 shall not cease until the earlier of the following: i) the disentanglement is completed to the City’s reasonable satisfaction, or ii) twelve (12) months after the date of termination or expiration, as the case may be 18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 19.Organization Consultant shall assign Mr. Kevin Raiche as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 20.Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 21.Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: City of Burlingame 501 Primrose Road Burlingame, CA 94010 Attn: Sergeant Mike Bolanos,Burlingame Police Department CONSULTANT: Operator XR, LLC 201 N Union St, STE 110, Alexandria, VA, 22314 POC: Simon Maxwell and shall be effective upon receipt thereof. 22.Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 23.Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 14 24. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 25. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal. 26. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 27. Non-Waiver None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing. 28. Time of Essence Time is of the essence for each and every provision of this Agreement. 29. City’s Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. Nothing herein shall prevent City from providing for itself or obtaining from any third party, any products or services in any way similar or comparable to the services. Consultant shall provide to City, or City’s chosen service-provider, reasonable cooperation, assistance, and access as necessary to facilitate the integration and interfacing of the services or products of such other consultants. 30. Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 15 have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 31. [Reserved] [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 16 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BURLINGAME AND OPERATOR XR, LLC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF BURLINGAME Approved By: Date Attested By: City Clerk Approved As To Form: City Attorney Operator XR, LLC Signature Name Title Date General Manager, USA Simon Maxwell Oct 29, 2025 Lisa Goldman City Manager Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 83717.00002\34021673.1 17 EXHIBIT A Scope of Services and Schedule of Charges Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 Operator XR LLC 201 N. Union St. Suite 110 #11286 Alexandria, VA 22314 OFFICIAL Quotation: Operator XR VR Training System Customer: Burlingame Police Dept 1111 Trousdale Drive Burlingame, CA 94010 Contact: Sgt Mike Bolanos bolanos@burlingamepolice.org 650.777.4142 Quote Ref: 072325-4 Issued by: Kevin Raiche kevin@operatorxr.com M: 414.507.7029 Issued Date: 23 July 2025 Valid to: 90 Days from Issue Date Operator XR VR Training System Quotation Summary – 2 x 2 Man + Role Player OP-2 VR Trainer <Law Enforcement/Tactical Trainer> •Complete <2 Officer> VR Training system for <Law Enforcement/Tactical Trainer> •Purchase includes shipping, delivery and first 12-months Warranty and Support Service Agreement. •Extended hardware Warranty available. •Product License includes access to Operator XR software and hardware technology. •Support Service Agreement includes online help desk, corrective, preventative, perfective, and/or adaptive maintenance, updates, new features, and modules that are deemed part of Operator XR's core platform. Item Description Unit Price USD Qty Total $USD OP-2 Operator OP-2 – VR Training System -Software Licences for <2> users -Hardware for <2> users -Shipping & Delivery to site -First 12 Months Maintenance and Support $47,800.00 $46,500.00 2 $95,600.00 $93,000.00 Role Player Operator OP-2 Role Player Headset (only) - Software Licences for <1> users No weapons provided $12,000.00 1 $12,000.00 Support Service Agreement -Corrective, preventative, perfective, and adaptive maintenance -New updates, features, and modules -Online Help Desk -Per year, after first 12 months $10,500.00 2 $21,000.00 On-Site Training -Up to 4 Customer Participants in an 8-hour (1 business day) period -On-site training at Customer’s preferred location within the Continental US -Supply of all necessary training materials $2,500.00 1 $2,500.00 Sub TOTAL $128,500.00 Sales Tax Request copy of exemption <9.63%> 10,111.50 Total $138,611.50 Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 Operator XR LLC 201 N. Union St. Suite 110 #11286 Alexandria, VA 22314 OFFICIAL Licencing and Hardware Details OP-2 SOFTWARE LICENSE • OP-2 Software License inclusions: o Headset licenses for supplied headsets o Law Enforcement/Tactical trainer software license keys for 2 simultaneous users o After-Action Review Module o Sketch Tool Module o Software Support and remote device management for updates and patches as required. o Helpdesk support, weekdays business hours. o Online training modules, for system set up and operation. OP-2 HARDWARE Law Enforcement/ Tactical Trainer Description – 2 Man QTY Package & Peripherals VR Headsets HTC Vive Focus Vision VR Headset, facemask, battery & charger 2 HTC Vive Focus Vision swappable battery 2 HTC Vive charging bank for 4 batteries 1 Tactical Force Options M4 / AR 15 Unit Solutions Non-Lethal Training Rifle 2 M4 / AR 15 Unit Solutions CO2 magazines 2 Operator Weapon Tracker with picatinny rail, high mount 2 CO2 gas cartridges (18 cartridges - approx. 1000 shots) 1 UMAREX Glock (17 Gen 5) 2 UMAREX Glock 17 Gen 5 magazine 2 Operator Telemetry sensor for pistol (specify model G17 Gen 5) 2 Operator CEW (Specify Model x26, x10) 2 Operator OC Spray (Specify Model Mk3, Mk 9) 2 Computer, Cables, Manuals Pelican Case with laser cut foam inserts 1 Samsung Galaxy Tablet (based on model availability) 5G 256GB (Graphite) & case 1 Anker 543 power pack 1 Multi type C to C cable 1 USB type A to 4C cable 1 Cleaning cloths and user manuals 1 Microsoft Surface Laptop Go 2 12.4" i5 128GB & case (based on availability) 1 Device Management Software – for fleet maintenance qty Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 Operator XR LLC 201 N. Union St. Suite 110 #11286 Alexandria, VA 22314 OFFICIAL OPTIONAL ITEMS / SPARES Item Description Unit Price, USD Eye tracking hardware Hardware, per headset. $310.50 ea. Glock 17/19 UMAREX Glock (G17, Gen 5) $900.00 ea. CEW Conducted Energy Weapon $980.00 ea. OC OC Training Spray $750.00 ea. Replacement Headset HTC VIVE Focus Vision – (Not applicable for system expansion) $2,400.00 ea. Replacement Tablet Samsung S9 - (Not applicable for system expansion) $2,400.00 ea. Dvorak Bolt M4 / AR 15 Drop-in Bolt with magazine and spare parts packet $2,100.00 Dvorak Magazine M4 / AR 15 CO2 magazine $350.00 Dvorak CO2 adapter CO2 adapter for SodaStream refill $75.00 Dvorak CO2 Regulator CO2 regulator for SodaStream / gas bottle refill $85.00 Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 Operator XR LLC 201 N. Union St. Suite 110 #11286 Alexandria, VA 22314 OFFICIAL KEY TERMS Item Description Order Order will be raised on receipt of customer purchase order or suitably authorised documentation from Customer. Order Conditions Raising of an Order by Operator XR may be subject to advance payment by Customer, if expressly stated in quotation. Delivery Delivery is up to 90 days from confirmation to Customer of Order, unless expressly stated in quotation. Payment Details Payment can be made via Wire Transfer or Cheque. Remit payments to: Account name: Operator XR, LLC Account Number: 1391 0556 8907 ACH Routing Number: 123103716 Registered Office: 201 N Union St, Suite 110 #11286 Alexandria, VA, 22314 Late Payment Late payments may incur interest calculated daily at annualized rate of 8%. Warranty 12-month warranty for all supplied hardware, unless expressly stated. Extended warranty available on request. Term Commencement Customer receipted delivery of Order (partial or full, whichever occurs first). System Maintenance – Support Service Agreement First 12 months system maintenance is included in initial purchase and commences at beginning of the Term. After first 12 months, ongoing maintenance is provided on an annual basis, up to a maximum of 2 years. If not purchased and paid as part of initial order, payment for ongoing maintenance must be made 45 days prior to the end of each annual maintenance period. System Training Unless expressly stated, system training is delivered by Operator XR, provided it is paid for by Customer. Training Format 1 x train the trainer course, up to 4 customer participants. Supply of materials and on-site training, over 1 business day, additional training is available for purchase. Customer non-attendance; reschedule within 7 days of prior agreed date; or additional courses are subject to additional charges. Travel / Accommodation Where expressly stated in quote, and paid by Customer, travel and accommodation costs for training are a fixed price for continental USA travel only, unless otherwise stated. Customizations Supplied only if expressly stated in quotation. Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 Operator XR LLC 201 N. Union St. Suite 110 #11286 Alexandria, VA 22314 OFFICIAL Quotation: Operator XR VR Training System Customer: Burlingame Police Dept 1111 Trousdale Drive Burlingame, CA 94010 Contact: Sgt Mike Bolanos bolanos@burlingamepolice.org 650.777.4142 Quote Ref: 072325-4 Issued by: Kevin Raiche kevin@operatorxr.com M: 414.507.7029 Issued Date: 23 July 2025 Valid to: 90 Days from Issue Date Operator XR VR Training System Quotation Summary – 2 x 2 Man + Role Player OP-2 VR Trainer <Law Enforcement/Tactical Trainer> • Complete <2 Officer> VR Training system for <Law Enforcement/Tactical Trainer> • Purchase includes shipping, delivery and first 12-months Warranty and Support Service Agreement. • Extended hardware Warranty available. • Product License includes access to Operator XR software and hardware technology. • Support Service Agreement includes online help desk, corrective, preventative, perfective, and/or adaptive maintenance, updates, new features, and modules that are deemed part of Operator XR's core platform. Item Description Unit Price USD Qty Total $USD OP-2 Operator OP-2 – VR Training System - Software Licences for <2> users - Hardware for <2> users - Shipping & Delivery to site - First 12 Months Maintenance and Support $47,800.00 $46,500.00 2 $95,600.00 $93,000.00 Role Player Operator OP-2 Role Player Headset (only) - Software Licences for <1> users No weapons provided $12,000.00 1 $12,000.00 Support Service Agreement - Corrective, preventative, perfective, and adaptive maintenance - New updates, features, and modules - Online Help Desk - Per year, after first 12 months $10,500.00 2 $21,000.00 On-Site Training - Up to 4 Customer Participants in an 8-hour (1 business day) period - On-site training at Customer’s preferred location within the Continental US - Supply of all necessary training materials $2,500.00 1 $2,500.00 Sub TOTAL $128,500.00 Sales Tax Request copy of exemption <insert rate> Amount Total $128,500.00 Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 Operator XR LLC 201 N. Union St. Suite 110 #11286 Alexandria, VA 22314 OFFICIAL Licencing and Hardware Details OP-2 SOFTWARE LICENSE • OP-2 Software License inclusions: o Headset licenses for supplied headsets o Law Enforcement/Tactical trainer software license keys for 2 simultaneous users o After-Action Review Module o Sketch Tool Module o Software Support and remote device management for updates and patches as required. o Helpdesk support, weekdays business hours. o Online training modules, for system set up and operation. OP-2 HARDWARE Law Enforcement/ Tactical Trainer Description – 2 Man QTY Package & Peripherals VR Headsets HTC Vive Focus Vision VR Headset, facemask, battery & charger 2 HTC Vive Focus Vision swappable battery 2 HTC Vive charging bank for 4 batteries 1 Tactical Force Options M4 / AR 15 Unit Solutions Non-Lethal Training Rifle 2 M4 / AR 15 Unit Solutions CO2 magazines 2 Operator Weapon Tracker with picatinny rail, high mount 2 CO2 gas cartridges (18 cartridges - approx. 1000 shots) 1 UMAREX Glock (17 Gen 5) 2 UMAREX Glock 17 Gen 5 magazine 2 Operator Telemetry sensor for pistol (specify model G17 Gen 5) 2 Operator CEW (Specify Model x26, x10) 2 Operator OC Spray (Specify Model Mk3, Mk 9) 2 Computer, Cables, Manuals Pelican Case with laser cut foam inserts 1 Samsung Galaxy Tablet (based on model availability) 5G 256GB (Graphite) & case 1 Anker 543 power pack 1 Multi type C to C cable 1 USB type A to 4C cable 1 Cleaning cloths and user manuals 1 Microsoft Surface Laptop Go 2 12.4" i5 128GB & case (based on availability) 1 Device Management Software – for fleet maintenance qty Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 Operator XR LLC 201 N. Union St. Suite 110 #11286 Alexandria, VA 22314 OFFICIAL OPTIONAL ITEMS / SPARES Item Description Unit Price, USD Eye tracking hardware Hardware, per headset. $310.50 ea. Glock 17/19 UMAREX Glock (G17, Gen 5) $900.00 ea. CEW Conducted Energy Weapon $980.00 ea. OC OC Training Spray $750.00 ea. Replacement Headset HTC VIVE Focus Vision – (Not applicable for system expansion) $2,400.00 ea. Replacement Tablet Samsung S9 - (Not applicable for system expansion) $2,400.00 ea. Dvorak Bolt M4 / AR 15 Drop-in Bolt with magazine and spare parts packet $2,100.00 Dvorak Magazine M4 / AR 15 CO2 magazine $350.00 Dvorak CO2 adapter CO2 adapter for SodaStream refill $75.00 Dvorak CO2 Regulator CO2 regulator for SodaStream / gas bottle refill $85.00 Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 Operator XR LLC 201 N. Union St. Suite 110 #11286 Alexandria, VA 22314 OFFICIAL KEY TERMS Item Description Order Order will be raised on receipt of customer purchase order or suitably authorised documentation from Customer. Order Conditions Raising of an Order by Operator XR may be subject to advance payment by Customer, if expressly stated in quotation. Delivery Delivery is up to 90 days from confirmation to Customer of Order, unless expressly stated in quotation. Payment Terms Net 14 days from issue of invoice to Customer, unless otherwise expressly stated in quotation. Payment Details Payment can be made via Wire Transfer or Cheque. Remit payments to: Account name: Operator XR, LLC Account Number: 1391 0556 8907 ACH Routing Number: 123103716 Registered Office: 201 N Union St, Suite 110 #11286 Alexandria, VA, 22314 Late Payment Late payments may incur interest calculated daily at annualized rate of 8%. Warranty 12-month warranty for all supplied hardware, unless expressly stated. Extended warranty available on request. Term Commencement Customer receipted delivery of Order (partial or full, whichever occurs first). System Maintenance – Support Service Agreement First 12 months system maintenance is included in initial purchase and commences at beginning of the Term. After first 12 months, ongoing maintenance is provided on an annual basis, up to a maximum of 2 years. If not purchased and paid as part of initial order, payment for ongoing maintenance must be made 45 days prior to the end of each annual maintenance period. System Training Unless expressly stated, system training is delivered by Operator XR, provided it is paid for by Customer. Training Format 1 x train the trainer course, up to 4 customer participants. Supply of materials and on-site training, over 1 business day, additional training is available for purchase. Customer non-attendance; reschedule within 7 days of prior agreed date; or additional courses are subject to additional charges. Travel / Accommodation Where expressly stated in quote, and paid by Customer, travel and accommodation costs for training are a fixed price for continental USA travel only, unless otherwise stated. Customizations Supplied only if expressly stated in quotation. Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1 Docusign Envelope ID: 2FBBA22B-4E41-4C39-932D-39E2EEF92AB1