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Res 002-2023 WFPD 11 Vehicle Camera Systems Purchase 01/17/2023 Resolution No. 02-2023 Resolution authorizing the purchase of eleven (11) in-car camera systems for new Police patrol units through the Houston-Galveston Area Council (H-GAC) Purchasing Cooperative from COBAN Technologies, Inc., in the amount of $67,595.00 WHEREAS, Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements; and, WHEREAS, the City Council of the City of Wichita Falls has passed a resolution approving the participation in such cooperative agreements; and, WHEREAS, the City Council finds that COBAN Technologies, Inc. is offering eleven (11) Focus H2 In-Car Camera Systems through the H-GAC Purchasing Cooperative, and it is in the best interest to purchase equipment in accordance with the Cooperative Purchasing Programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: City Staff is authorized to execute all documents necessary to purchase eleven (11) Focus H2 in-car camera systems through the H-GAC Purchasing Cooperative from COBAN Technologies, Inc. in the amount of $67,595.00. PASSED AND APPROVED this the 17th day of January 2023. /rerl— Ci-,VW7)---- MAYOR ATTEST: -17qait,uv City Clerk SAFE `, LLEET Quote: Q-40147 Contract: H-GAC EF04-21 Date: 12/29/2022 3:08 PM CO`'�r"" Mobile Vision Expires On: 3/4/2023 Phone:(281)925-0488 Fax:(281)925-0535 COBAN Technologies,Inc. Email:SFLE-Sales@safefleet.net SF Mobile-Vision, Inc. 11375 W.Sam Houston Pkwy S.,Suite 800 Houston,Texas 77031-2348 United States Ship To Bill To Wade Looney City of Wichita Falls Police Department(Wichita Falls,TX) City of Wichita Falls Police Department(Wichita Falls,TX) Attn:City of Wichita Falls-AP 610 Holliday Street PO Box 1431 Wichita Falls,Texas 76301 Wichita Falls,Texas 76307 United States United States (940)761-7931 wade.looney@wichitafallstx.gov End User SALESPERSON EXT EMAIL DELIVERY METHOD PAYMENT METHOD Richard Alley x richard.alley@safefleet.net Net 30 HGAC Contract EF04-21 FOCUS H2 In-Car Camera/3 Year Plan Installation is not included The Digital Evidence Software will require an update for Focus H2 In-Car Video System support LINE NO. PART# DESCRIPTION UNIT PRICE QTY EXTENDED QL-0297850 FOCUS2-51-00 FOCUS H2 IN-CAR SYSTEM-PACKAGE 2 USD 5,590.00 11 USD 61,490.00 2 CAMERAS AND WIRELESS MICROPHONE Features: •Three year limited hardware warranty •4.3"touchscreen monitor •GPS •Crash Sensor •Smart Power Module(SPM)w/UPS •16 GB internal Solid State OS drive •128 GB interna So id State Fail-Safe drive •64 GB removab a Thumb Drive •Internal 802.11 A G.V AC fireless card •Backseat wide angle IR camera with built in covert microphone •Front facing HD low profile color camera •Wireless microphone&receiver QL-0297851 MZZ-01 MOUNTING USD 135.00 11 USD 1,485.00 For secure mounting within the vehicle 2023 Ford Explorers Page 1 of 4 LINE NO. PART# DESCRIPTION UNIT PRICE QTY EXTENDED QL-0297852 SCOPT-27 TWO DUAL BAND ANTENNAS USD 205.00 11 USD 2,255.00 (802.11 A/GIN/AC) For wireless upload to Access Point QL-0297855 MVD-EMA-SWR DES/DEV!DEP 1-YEAR SOFTWARE EMA FOR IN-CAR USD 165.00 11 USD 1,815.00 VIDEO SYSTEM **Year 1** -Per device Annual Renewal is Required** QL-0297856 LSSWRPROSVR DIGITAL EVIDENCE PRO SOFTWARE USD 0.00 11 USD 0.00 QL-0297861 LFEE-050 SHIPPING-IN CAR VIDEO SYSTEMS USD 50.00 11 USD 550,00 FOCUS H2 In-Car Camera l3 Year Plan TOTAL: USD 67.595.00 One time initial fee** Professional Service HGAC Contract EF04.21 LINE NO. PART# DESCRIPTION UNIT PRICE QTY EXTENDED QL-0297858 LSRV-08 PROFESSIONAL SERVICES/HR. USD 195.00 1 USD 195.00 Professional Service TOTAL: USD 195.00 TOTAL: USD 67,790.00 Terms&Conditions Applicable sales taxes are not reflected on this proposal,and will be included on the invoice.In the event Sales Tax is requested to be listed on the proposal,it will be the responsibility of the Agency to provide the current Tax rate and amount.Any purchases that are exempt from Sales Tax must be accompanied by a tax exemption and/or re-seller certificate. This quote is presented to the customer under the condition that it remains a valid quote for only 60 days after the stated Quote Date,after which the quote becomes null and void. Please email or fax a signed copy of this quotation and other referenced documents to SFLE- Sales@safefleet.net or(281)925-0535 Safe Fleet Law Enforcement order requests above$2,500.00 require an Agency issued Purchase Order prior to processing. COBAN Technologies,Inc. 11375 W. Sam Houston Pkwy S., Suite 800 Houston,Texas 77031-2348 Applicable Terms.By signing this quote(the"Quote")(or,if this Quote is attached to,referenced in,or otherwise accompanies any other agreement, statement of work,purchase order,or other similar document,by or between the parties and/or their applicable affiliates(any of the foregoing,collectively,the"Accompanying Agreement"),then by signing such Accompanying Agreement),or by issuing a purchase order for,or accepting,any of the goods, services, or other items set forth in this Quote,the Customer agrees to all terms and conditions set forth herein,including without limitation any Additional Terms and Conditions set forth below (if applicable)("Additional Terms"),and to the Safe Fleet Video&Telematics Products and Services Standard Customer Terms&Conditions,currently available at safefleet.net/v-and-t-general-terms(as may be updated or amended by Safe Fleet from time to time in its discretion,the"Ts&Cs"),together with any and all other terms and conditions incorporated by reference into any of the foregoing;all of which are incorporated herein and will Page 2of4 govern all products, services, and other matters set forth herein.Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Ts&Cs. Conflicts.Customer and Safe Fleet expressly agree that,notwithstanding anything to the contrary in the Accompanying Agreement,including any provision thereof relating to order of precedence,conflicts,or"battle of the forms,"in the event of any conflict, ambiguity,or inconsistency(any of the foregoing, a "Conflict") between any term,provision,requirement,request, specification,or other provision(any of the foregoing, a"Provision")of the Accompanying Agreement and any Provision of this Quote(including, for clarity,the Ts&Cs and/or any Additional Terms),this Quote shall prevail and control; Customer and Safe Fleet intend this Quote to be,and this Quote shall be deemed to be,an amendment to any Conflicting Provision of the Accompanying Agreement.In the event of any Conflict between any Provision of any Additional Terms and any Provision of the Ts&Cs,the Additional Terms shall control. Sole Warranties.The warranties applicable to the products, services, and other matters set forth herein are available at https://www.safefleet.net/product-and-service-warranties(the"Warranty Documentation"). Notwithstanding any other provision in this Agreement, the Warranty Documentation sets forth the sole warranties with respect to the products, services, and other matters set forth herein,and Safe Fleet hereby expressly disclaims all other representations and warranties,express or implied. Invoicing and Purchase Orders. This Agreement authorizes Safe Fleet,regardless of whether or not Customer has issued an applicable Purchase Order,to invoice Customer annually in advance for Software Services. Customer agrees to pay all invoices within 30 days of receipt.Customer may issue Purchase Orders hereunder for its own record-keeping purposes,but(a)no Customer Purchase Order will be deemed to modify,alter, supersede, supplement,or amend this Agreement in any respect unless mutually agreed by the Parties in a written amendment executed by both Parties,and(b)for clarity, Customer's issuance of any such Purchase Order,or failure to issue same, shall not affect in any manner Safe Fleet's ability to invoice Customer(or Safe Fleet's right to payment of such invoice)as provided herein. Agency Responsibilities. Without limiting any provision of the Ts&Cs,Customer is solely responsible for the following: (a)Customer will ensure that Customer owns or has licensed all rights necessary to permit Safe Fleet to use all Customer-Provided Data as contemplated by this Agreement;(b)Customer will ensure that Customer's,and all Customer End Users', configuration and use of the Safe Fleet V&T Offerings,including the Software Services,and all Customer Data(and all use thereof by Customer and/or Customer End Users), complies with all applicable Laws and all rules,regulations,and standards applicable to Customer,and does not infringe,misappropriate,or violate any right,including any intellectual property,proprietary,privacy, contractual, statutory,constitutional,or any other right,of any third party;(c)Customer will maintain all necessary computer equipment and Internet connections for use of the Software Services;(d) If Customer becomes aware of any violation of this Agreement by any Customer End User,Customer will immediately terminate that Customer End User's access to the Software Services and shall promptly notify Safe Fleet of same; (e)Customer will maintain the security of all user credentials,including all Customer End User user names and passwords,and security and access to the Software Services via Customer systems or facilities and/or to all Customer Data.Customer shall promptly notify Safe Fleet if Customer learns or believes that an unauthorized party may be using Customer's account or Customer Data,or that account information may have been lost or stolen. Customer Data After Termination—Applicable to Software Services Only.Safe Fleet will not delete Customer Data before the 90th day following expiration or earlier termination of the License Term. Safe Fleet will have no obligation to provide any Software Service functionality to Customer during this 90-day period other than the ability to retrieve Customer Data.Customer will not incur additional fees if Customer downloads Customer Data from the Software Services during this time. Safe Fleet has no obligation to maintain or provide Customer Page 3 of 4 Data after this 90-day period and,except to the extent(and in such case only for so long as)prohibited by applicable law, Safe Fleet may thereafter delete any or all Customer Data.Upon written request, Safe Fleet will provide written notice that safe Fleet has successfully deleted and removed Customer Data from the Software Services. Post-Termination Assistance—Applicable to Software Services Only. Safe Fleet will provide Customer with the same post-termination data retrieval assistance that Safe Fleet generally makes available to all customers. Requests for Safe Fleet to provide additional assistance in downloading or transferring Customer data,including requests for Safe Fleet's data egress service,will result in additional fees,and Safe Fleet does not make any,and hereby disclaims all,express and/or implied representations,warranties,and/or guaranties as to the integrity or readability of Customer Data in any non-Safe Fleet systems. Customer Sharing of Customer Data—Applicable to Software Services Only.Without limiting any provision of the Ts&Cs: (a)Customer is solely responsible for granting permissions to Customer Data that may be shared via the Software Services,and Safe Fleet will have no responsibility or liability for sharing with,or disclosure to,third parties of Customer Data due to any error,typo,oversight,or other act or omission of Customer (including,for example,any error by Customer in entering a recipient's email address);and(b)Customer is solely responsible for complying with all applicable Laws, standards,policies,and guidelines in connection with its use sharing of Customer Data with,or granting of access to Customer Data to,third parties via the Software Services,and Safe Fleet will have no responsibility or liability for any violation or breach of any of the foregoing due to any act or omission of Customer(including,for example,any violation of privacy laws or standards caused by Customer's sharing of Customer Data with an inappropriate third party or Customer's inappropriate sharing of protected Customer Data). The warranties applicable to the products, services,and other matters set forth herein are available at https:// www.safefleet.net/product-and-service-warranties(the"Warranty Documentation").Notwithstanding any other provision in this Agreement,the Warranty Documentation sets forth the sole warranties with respect to the products, services,and other matters set forth herein,and Safe Fleet hereby expressly disclaims all other representations and warranties,express or implied. IN WITNESS WHEREOF,the Parties have caused this Agreement to Purchase to be executed and delivered by their respective authorized representatives whose signatures appear below. COBAN Technologies,Inc. City of Wichita Falls Police Department(Wichita Falls,TX) Signature: Signature: Printed Name: Printed Name: Title: Title: Dated: Dated: Purchase Order Page 4 of 4