Ordinance No. 10,786ORDINANCE NO. 10,786
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH COBAN TECHNOLOGIES, INC., FOR
THE PURCHASE OF SEVENTEEN (17) MOBILE DIGITAL VIDEO
RECORDING DEVICES, ALL NECESSARY WORKSTATION/SERVER
SOFTWARE/HARDWARE AND INSTALLATION/CONFIGURATION
SERVICES FROM COBAN TECHNOLOGIES, INC.; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED TWENTY-NINE THOUSAND FOUR HUNDRED
EIGHTY-FIVE AND NO/100 DOLLARS ($129,485.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
******************************************************************************
WHEREAS, the Police Department along with the Information Technology Department
recommend the purchase of Coban TopCam in-car digital video hardware and digital video
systems to provide the Police Department the ability to capture, transfer, store and manage
digital video; and
WHEREAS, based upon the current storage and management infrastructures that the
Police Department has in place, Coban TopCam in-car digital video systems are the only
compatible system on the market that will work within the existing environment; and
WHEREAS, Texas Local Government Code Annotated § 252.022 provides that when the
functional requirements of the City can only be satisfied by one source, the requirement for
competitive bids is not applicable; and
WHEREAS, the procurement of the in-car digital video systems can be satisfied by only
one source, Coban Technologies, Inc.; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
and directs the City Manager to execute an agreement with Coban Technologies, Inc., for the
purchase of seventeen (17) mobile digital video recording devices, all necessary
workstation/server software/hardware and installation/configuration services. A copy of said
agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and
purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to
Coban Technologies, Inc., in an amount not to exceed ONE HUNDRED TWENTY-NINE
THOUSAND FOUR HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS ($129,485.00) for
the purchase of mobile digital video recording devices, all necessary workstation/server
software/hardware and installation/configuration services in accordance with the Agreement
authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a
decrease or an increase in costs by TWENTY-FIVE THOUSAND AND NO/100 DOLLARS
(525,000.00) or less, provided that the amount authorized in Section 2 hereof may not be
increased by more than twenty-five percent (25%).
Section 4: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative/pote of the City Council of the
City of Baytown this the 13th day of December, 2007.
STEPHEN H. DONCARLOS, M/yor
APPROVED AS TO FORM
ACIO RAMIREZ, SR./tity Attorney
K: Karen \Filcs\Cily Council'Ordinanccs2007U)cccnibcr I.ICubnnAgrecmcni'lliiC'arDigilalVidcullarduarc.doc
Exhibit "A"
AGREEMENT
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This Agreement (this "Agreement") is made and entered into on this /6+Kday of
. 2007 (the "Effective Date") by and between the CITY OF BAYTOWN, a
home-rule municipal corporation located in Harris and Chambers Counties, Texas, hereinafter
called "City" or "Buyer," and COBAN Technologies, Inc., a Texas corporation located in Fort
Bend County, Texas, hereinafter called "COBAN" or "Seller."
I. DEFINITIONS
As used in this Agreement, the following words and phrases are defined to mean:
Buyer: means City.
City: means and refers to the City of Baytown, Texas, and all attendant boards,
agencies, commissions and related bodies, along with their respective
officers, agents and employees.
City Manager: means the City Manager of the City of Baytown or his designated
representative.
COBAN: means COBAN Technologies, Inc., its volunteers, officers, directors,
agents, employees and assigns.
Seller means COBAN.
Representative of
COBAN Technologies, Inc. means David Hinojosa, or his duly designated representative.
Work: means that work as described in the Scope of Work, which is attached
hereto as Exhibit "A," and incorporated herein by this reference for all
intents and purposes, together with the services described in Article II
hereinbelow.
II. COBAN'S WORK
COBAN covenants and agrees to install, configure and test fifteen TOPCAM Gen II
digital camera systems in City of Baytown Police Department patrol vehicles and all applicable
hardware and software as listed in Exhibit "A." COBAN shall be solely responsible for the
safety of its employees and any subcontractors performing the Work and shall take necessary
Agreement. Page I
safety precautions for the protection of persons, property and the Work as may be necessary.
COBAN shall supply the software described in Exhibit "A" and the City shall use the same in
accordance with the license agreement set forth in Exhibit "D," which is attached hereto and
incorporated herein for all intents and purposes.
COBAN shall complete and be responsible for all Work. The equipment and materials
provided shall be new and of good quality. No refurbished, reconditioned or other previously
utilized materials or equipment will be used. The City Manager may reject any Work and/or
equipment found to be defective or not in accordance with this Agreement. In such event,
COBAN shall assume and pay the costs of repair, replacement and restoration of the Work
and/or equipment found to be defective. Neither payment nor any action taken by the City under
this Agreement shall relieve COBAN of any responsibility for faulty workmanship, equipment or
materials.
The Work shall be finally completed on or before 29 February 2008.
After acceptance of the Work by the City and for a period of one-year thereafter,
COBAN warrants to the City that all equipment and materials provided to the City under this
Agreement shall be new and that the equipment and Work will be of good quality, free from
faults and defects and in conformance with this Agreement. All work not confirming to these
requirements may be considered defective by the City. This warranty is in addition to any rights
or warranties expressed or implied by law and consumer protections claims arising from
misrepresentations of COBAN. Where more than a one-year warranty is specified for individual
products, work or materials, the longer warranty shall govern. During the warranty period, any
work that is found or determined to be defective shall be promptly corrected by COBAN without
cost to the City. Failure to promptly repair the Work, equipment or materials shall be deemed an
authorization for the City to perform or cause to be performed the necessary repairs at the sole
cost and expense of COBAN. This warranty shall be in addition to the warranties expressed in
Exhibit "C," which is attached hereto and incorporated herein for all intents and purposes.
III. COMPENSATION
The City agrees to pay COBAN a total of ONE HUNDRED TWENTY NINE
THOUSAND FOUR HUNDRED EIGHTY FIVE AND NO/100 DOLLARS ($129,485.00) for the equipment and the installation of the same as described in Exhibit "E," which' is attached
hereto and incorporated herein for all intents and purposes. Such payment will be due within
thirty (30) days after receipt of a written invoice therefor or 30 days after the completion and
acceptance of the Work by the City Manager, whichever is later.
IV. TERM
This contract shall be in effect from and after the Effective Date and shall continue until
payment is made by the City after the completion and acceptance of the Work by the City
Manager and after the expiration of all warranty periods, unless sooner terminated under the
provisions of this Agreement.
Agreement. Page 2
V. RIGHT TO INSPECT EQUIPMENT AND COBAN'S OPERATIONS
The City, through its officers, agents, and employees, reserves the right to inspect the
records, equipment and operations in relation to the Work. In accordance therewith, COBAN
shall fully cooperate with the City and shall supply the City, upon request, with all information
necessary for the City to ensure that COBAN is fulfilling its obligations under this Agreement.
It is expressly understood that the City, its officers, agents or employees have full
authority to reject any and all Work found to be not in accordance with this Agreement. Neither
observations by the City nor inspections or approvals made by the City, or persons authorized
under this Agreement to make such inspections or approvals, shall relieve COBAN from its
obligation to perform the Work in accordance with the requirements of this Agreement.
The City acknowledges receiving the safety guidelines set forth in Exhibit "B," which is
attached hereto and incorporated herein for all intents and purposes.
VI. ASSUMPTION OF LIABILITY BY CONTRACTOR
COBAN hereby assumes all liability and responsibility for injuries, claims or suits for
damages to persons or property of whatever kind or character, whether real or asserted occurring
during the term of this Agreement, arising out of or by reason of the Work all other operations
arising under or otherwise incident to the provisions of this Agreement.
VII. INDEMNIFICATION/RELEASE
COBAN AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS,
AND DEFEND THE CITY, ITS OFFICERS AGENTS AND EMPLOYEES
(COLLECTIVELY REFERRED TO AS "CITY" IN THIS ARTICLE),
FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES,
CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND,
INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND
ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON,
OR FOR ANY AND ALL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE WORK DONE BY COBAN PURSUANT TO
THIS AGREEMENT, THE CONDUCT OR MANAGEMENT OF
COBAN'S BUSINESS OR ACTIVITIES, OR FROM ANY ACT OR
OMISSION BY COBAN, WHERE SUCH INJURIES, DEATH OR
DAMAGES ARE CAUSED BY THE JOINT NEGLIGENCE OF THE
CITY AND ANY OTHER PERSON OR ENTITY AND/OR BY THE SOLE
OR JOINT NEGLIGENCE OF COBAN. IT IS THE EXPRESSED
Agreement. Page 3
INTENTION OF THE PARTIES HERETO, BOTH COBAN AND THE
CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY BY COBAN TO INDEMNIFY, PROTECT
AND DEFEND THE CITY FROM THE CONSEQUENCES OF THE
CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A
CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR
DAMAGE AND FROM THE CONSEQUENCES OF COBAN'S OWN
NEGLIGENCE WHERE THAT NEGLIGENCE IS A CONCURRING
CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE.
FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM,
LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE
THE INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE
NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY
OTHER PERSON OR ENTITY. IN THE EVENT THAT ANY ACTION
OR PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON
OF ANY OF THE ABOVE, COBAN FURTHER AGREES AND
COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY
LEGAL COUNSEL ACCEPTABLE TO THE CITY.
By this Agreement, the City does not consent to litigation or suit, and the City hereby expressly
revokes any consent to litigation that it may have granted by the terms of this Contract or any
other contract or agreement, any charter, or applicable state law. Nothing contained herein shall
be construed in any way so as to waive in whole or part the City's sovereign immunity. COBAN
assumes full responsibility for its work performed hereunder and hereby releases, relinquishes
and discharges the City, its officers, agents, and employees from all claims, demands, and causes
of action of every kind and character, including the cost of defense thereof, for any injury to or
death of any person (whether they be either of the parties hereto, their employees, or other third
parties) and any loss of or damage to property (whether the property be that of either of the
parties hereto, their employees, or other third parties) that is caused by or alleged to be caused
by, arising out of, or in connection with COBAN's work to be performed hereunder. This
release shall apply with respect to COBAN's work regardless of whether said claims, demands,
and causes of action are covered in whole or in part by insurance.
The release and indemnity provided in this Article shall survive the expiration or earlier
termination of this agreement and shall remain in full force and effect.
VIII. INSURANCE
Throughout the term of this Agreement and any extension thereof, COBAN at its own
expense shall purchase, maintain and keep in force and effect insurance against claims for
injuries to or death of persons or damages to property which may arise out of or result from
COBAN's operations and/or performance of the work under this Agreement, whether such
Agreement. Page 4
operations and/or performance be by COBAN, its agents, representatives, volunteers, employees
or subcontractors or by anyone directly or indirectly employed by any of them, or by anyone for
whose acts any of them may be liable.
COBAN's insurance coverage shall be primary insurance with respect to the City, its
officers, agents and employees, including the City. Any insurance or self-insurance maintained
by the City, its officials, agents and employees shall be considered in excess of COBAN's
insurance and shall not contribute to it. Further, COBAN shall include all subcontractors as
additional insureds under its commercial general liability policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverage for subcontractors shall be
subject to all of the requirements stated herein.
The following is a list of standard insurance policies along with their respective minimum
coverage amounts required in this Agreement:
Commercial General Liability (CGL)
General Aggregate: $1,000,000
Per Occurrence: $500,000
Fire Damage: $50,000
a. Coverage shall be at least as broad as ISO CG 00 01 10 93
b. Including Products Liability Coverage
c. No coverage shall be excluded from standard policy without notification
of individual exclusions being attached for review and acceptance.
Business Automobile Policy (BAP)
Combined Single Limits: $1,000,000
Coverage for "Any Auto."
Workers' Compensation: Statutory Limits
Employer's Liability: $500,000
a. Waiver of Subrogation required
Upon execution of the Agreement, COBAN shall file with the City valid Certificates of
Insurance and endorsements acceptable to the City. Such Certificates shall contain a provision
that coverage afforded under the policies will not be canceled, suspended, voided, or reduced
until at least thirty (30) days' prior written notice has been given to the City via certified mail,
return receipt requested. COBAN shall also file with the City valid Certificates of Insurance
covering all subcontractors.
The following are general requirements applicable to all policies:
> AM Best Rating of B+:VII or better.
> Insurance carriers licensed and admitted to do business in State of Texas will be accepted.
> Liability policies will be on occurrence form.
> The City, its officials and employees are to be added as Additional Insured to liability
policies.
Agreement. Page 5
Upon request of and without cost to City of Baytown, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to City of Baytown's
representative. Certificates of insurance showing evidence of insurance coverage shall be
provided to City of Baytown's representative prior to any work being performed at the site.
Upon request of and without cost to City of Baytown, loss runs (claims listing) of any and/or
all insurance coverage shall be furnished to City of Baytown's representative.
IX. TERMINATION
The City, besides all other rights or remedies it may have, shall have the right to
terminate this Agreement with or without cause upon ten (10) days' written notice from the City
Manager to COBAN of the City's election to do so. Upon delivery of any notice of termination
required herein, COBAN shall discontinue all services in connection with the performance of the
Agreement. Within ten (10) days after termination of the Agreement, COBAN shall submit a
final statement showing in detail the services satisfactorily performed and all other appropriate
documentation required herein for payment of services. If the contract is terminated for cause,
the City will have the right to deduct and withhold permanently the amount of any and all
damages for which COBAN may be liable. All remedies of the City shall be cumulative and the
City shall not be required to elect any nor deemed to have an election by proceeding to enforce
any one remedy.
X. NOTICE
All notices required to be given hereunder shall be given in writing either by telecopier,
overnight, or facsimile transmission, certified or registered mail at the respective addresses of the
parties set forth herein or at such other address as may be designated in writing by either party.
Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the
following addresses:
COBAN Technologies, Inc.
Attn: David Hinjosa
12503 Exchange Drive, #536
Stafford, Texas 77477
Fax:(281)277-8256
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Fax:(281)420-6586
XI. TIME OF THE ESSENCE
Both COBAN and the City acknowledge that time is of the essence in this Agreement.
Agreement. Page 6
XII. FORCE MAJEURE
Neither party hereto shall be liable for delays or failure to perform with respect to this
Agreement due to (i) causes beyond the party's reasonable control and not avoidable by
diligence, (n) acts of God, epidemics, war, riots, or delays in transportation which are beyond the
party s reasonable control and not avoidable by diligence or (iii) inability for causes beyond its
control and not avoidable by diligence to obtain necessary labor, materials or manufacturing
facilities, or delays caused by subcontractors due to similar causes. In the event of any such
delay (each such event being beyond the party's reasonable control and not avoidable by
diligence), the date of performance shall be extended for a period equal to the time lost by reason
of the delay. }
XIII. INDEPENDENT CONTRACTOR
It is mutually understood and agreed that nothing in this Agreement is intended or shall
be construed as in any way creating or establishing the relationship of partners, co-partners or
joint venturers between the parties hereto, or as constituting COBAN as an agent employee or
representative of the City for any purposes or in any manner whatsoever. The relationship of
COBAN to the City shall be that of an independent contractor.
XIV. XIII. COMPLIANCE WITH RULES AND REGULATIONS
COBAN shall comply with all rules, regulations, and laws of the United States of
America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as
they now exist or may hereafter be enacted or amended.
XV. XIV. SALE OF INTEREST
COBAN may not sell, transfer or assign all or part interest in its rights or obligations
under this Agreement to another party or parties without the prior express written approval of the
City Manager of such sale or assignment, nor shall COBAN assign any monies due or to become
due to it hereunder without the previous consent of the City Manager. The City may require any
records or financial statements necessary in its opinion to ensure such sale or assignment will be
in the best interest of the City; however, the City hereby reserves the right to withhold its consent
tor any reason or no reason whatsoever.
XVI. XV. NON-WAIVER
Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
Agreement Page 7
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right
or remedy occurring as a result of any future default or failure of performance.
XVII. XVI. SEVERABILITY
All parties agree that should any provision of this Agreement be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Agreement which
shall continue in full force and effect. '
XVIII. VENUE
The place of making and the place of performance for all purposes shall be Baytown
Hams County, Texas.
XIX. NO RIGHT TO ARBITRATION
™D Notwithstanding anything to the contrary contained in this Agreement, the City and
COBAN hereby agree that no claim or dispute between the City and COBAN arising out of or
relating to this Agreement shall be decided by any arbitration proceeding, including without
limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14) or any
applicable State arbitration statute, including, but not limited to, the Texas General Arbitration
Act, provided that in the event that the City is subjected to an arbitration proceeding
notwithstanding this provision, COBAN consents to be joined in the arbitration proceeding if
COBAN 's presence is required or requested by the City of complete relief to be recorded in the
arbitration proceeding.
XX. NO THIRD PARTY BENEFICIARIES
This Agreement shall not bestow any rights upon any third party, but rather, shall bind
and benefit COBAN and the City only.
XXI. AMBIGUITIES
In the event of any ambiguity in any of the terms of this Agreement, it shall not be
construed for or against any party hereto on the basis that such party did or did not author the
camp same.
Agreement. Page 8
XXII. HEADINGS
The article headings are used in this Agreement for convenience and reference purposes
only and are not intended to define, limit or describe the scope or intent of any provision of this
Agreement and shall have no meaning or effect upon its interpretation.
XXIII. AGREEMENT READ
The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
XXIV. AUTHORITY
The officers executing this Agreement on behalf of the parties hereby represent that such
officers have full authority to execute this Agreement and to bind the party he/she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same Agreement on the ItoA day of /Jow^bgy , 2007, the date of
execution by the City Manager of the City of Baytown.
COBAN TECHNOLOGIES, INC.
(Signature)
David Hinojosa
(Printed Name)
Vice President Sales
(Title)
CITY OF BAYTOWN:
GARRISON C. BRUMBACK, City Manager
Agreement. Page 9
ATTEST:
LORRICOODY, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
STATE OF TEXAS §
§
COUNTY OF HARRIS §
Before me, ^ha/J^i. hs/aJ-tva1&. . the undersigned notary public, on this day
personally appeared ma/coo <* a. TjAVtD , the y*p o-f Sales , of COBAN
Technologies, Inc.
v known to me;
proved to me on the oath of __; or
through his current {description of identification card or
other document issued by the federal government or any state government that
contains the photograph and signature of the acknowledging person}
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this l(Mdav of /Joventhgy-— 2007.
xTT; QEeEZII—We 3Q,2Qii rfntTnrPiinlir in mill for flwffi
My commission expires: June. 3o. aoj o
Agreement. Page 10
Jl£
EXHIBIT "A"
STATEMENT of WORK
Statement of Work for the City of Baytown In-Car Video Project
The following pages describe the products, services and support information pertaining to the purchase of
Seventeen <17> TopCam -G2 ® and the DVMS® hardware / software to be installed This document
will breakdown the solution item by item with a description of the product or service contained in that
particular section.
Scope of In-Car Video Project.
The purpose of this installation is to provide the City with a fully functioning digital in car video and
extended storage solution. COBAN will be installing TWO (2) TopCam -G2 units for use by the City's
traffic patrol officers. The City will install the remaining 15 units, which is neither a part of this contract nor
statement of work.
Description of Services:
COBAN will provide the City the following:
Delivery of Deliverables as specified and priced in Appendix I
Installation of 2 TopCam Gen II units
Installation & Configuration of DVMS on Baytown Police Servers
Installation & Configuration of Primera Bravo 25 Disc Automated DVD/CD Burner
Training: Installation, Officer, Administration, IT
Expectations:
The expectations set forth in this document are to provide a documented "flow" of the installation The
City expects to be able to utilize COBANs digital in-car/storage solution for daily recording and storage of
traffic (and other) stops performed by its police officers in the field. COBAN will install and train the
officers and appropriate personnel on the operation of the TOPCAM -G2 units as well as the back end
storage solution. Upon completion of said installation and training, an authorized representative of the
City will provide a signature approving completion of the project.
In-Car Hardware and Software Purchased:
COBAN shall include the following in each of the seventeen (17) TOPCAM -G2® purchase-
(1) 6.4" Transflective LCD Touch Screen Monitors
(1) CPU Module: 1.6GHz P-Mobile, 512MB RAM, 30GB Internal HDD
(1) Power Module
(1) 40 GB Mobile Hard Drives
(1) CCD Camera with Rear IR (Single Module)
(1) Wireless Microphone Receiver and transmitter (including lavaliere microphone Li-ion battery
1400mA, leather pouch, car charger cable, wall charger cable)
(1) 12 ft. In-Car covert microphone
(1) Microsoft Windows XP PRO
(1) TOPCAM -G2® mounting hardware
(1) MPEG1 & 2 format video capture
(1) TopCam G2 -Second/ Third Year Extended Warranty
(1) 802.11G Wireless Option: Mini PCI wireless card, low loss cable, fix mount antenna
Back office Software / Hardware Purchased:
COBAN shall provide the following components for DVMS back office
(2) Upload Cradles
(17) COBAN DVMS Software License
These licenses provide the department with software upgrades, support, patches and certain
future "add-on" functions to be determined at a later date for a period. ("Add-ons" features do not
Exhibit "A." Page 1
include any new feature that requires the purchase of additional hardware and/or software or
onsite "integration" with other applications and or devices)
(25) MPEG 2 Codec Software License
These licenses will allow user to play MPEG II video on the Workstations and Server If
department opts to install additional workstation, additional MPEG II licenses must be obtained
for these workstations.
(1) Primera Bravo XR Auto DVD Burner with DVMS interface software
Upload Solution(s):
1.) Removable Hard Drive-The City will be utilizing the removable hard drive upload solution in the
department. The City will provide 2 (two) upload station(s) for this solution. The following
hardware is required in these stations prior to COBAN DVMS Client installation
• DVD r/RW /CD r/RW +/-multi-burner (if officers are to burn DVD/CD-s from the
department workstations.)
Windows XP professional / SP2
DVD burning software
1 USB 2.0 port for upload cradle
Pentium 4 processor and minimum of 256 MB ram
Minimum of 64 MB 3d Graphics card
Windows Media Player 9.0 <minimum>
MPEG II Codec
Recorded video will be up-loaded via the removable hard drive with this solution. The workstation
will have the added capability of allowing the City to export selected videos to CD/DVD media for
offline extended storage. The DVMS® workstation will also provide the City with an efficient
dependable and secure method of storing, searching and exporting archived videos. The DVMS
software can be loaded on to additional workstations in the department with no additional license
fees incurred by the City. The equipment listed above only applies to workstations that the City
will use for upload, view and export of recorded videos to and from the storage array
Workstations that simply wish to be able to view videos and run reports from the DVMS software
need only to be running Windows XP Pro, MPEG II Codec, and have an active Ethernet
connection.
2) Wireless (802.11G) Upload: The City is also implementing a wireless upload capability The City
intends on possibly utilizing the 802.11G connectivity to provide wireless upload capability at the
main station for the vehicles coming off shift. The City will provide the proper number of access
points, install, and configure the proper wireless equipment necessary for this solution COBAN's
digital in car unit will connect to this solution via COBAN's 802.11G wireless card to facilitate the
wireless upload of the recorded video.
TWO DVMS® Upload Workstation (provided bv the Cltvl:
Recorded video will be up-loaded via the removable hard drive as a secondary method of transfer for this
solution. The workstation will have the added capability of allowing the City to export selected videos to
CD/DVD media for offline extended storage. The DVMS® workstation will also provide the City with an
efficient, dependable and secure method of storing, searching and exporting archived videos Coban will
assist the City in installing 2 DVMS Client on 2 upload workstation. The City will ensure that the
Workstation meets or exceeds the following Minimum Spec, requirement:
The OS should be Windows XP Professional with SP2 or above.
Pentium 4 processor and minimum of 512 MB RAM
USB 2.0 port for upload cradle (for Mobile HDD upload and download)
Windows Media Player 9.0 or higher
Active Ethernet Connection 100 base-T or faster.
MPEG2 Codec installed -If MPEG 2 video format is used
DIVX Player installed -If MPEG 4 video format is used
Minimum of 64 MB Graphics card
Exhibit "A." Page 2
One <1> Server /provided bv the Cltvl
The City will provide its own back end storage hardware and ensure the Server will meet or exceed
Coban's minimum spec, requirement listed below:
• Pentium-4 2.6 GHz CPU or above
• 1 GB Memory
• The OS should be either Windows XP Professional or Windows 2003 Server with the latest
service pack.
• Microsoft SQL Server 2005 with 5 CAL or SQL Express 2005 if 2 or less workstations are
connected to the Server
• Disk Storage Array system must be configured. Note that NAS is not supported-it should be
either internal Raid or SAN storage.
• Partition(s) must be formatted and assigned a drive letter by the server.
IhesR^D-rlrrayBWi!Lbe resP°nsible for storin9 the uploaded video files recorded by the police officers in toe field. This RAID array will be controlled directly by the DVMS Server. The number of terabytes (unformatted capacity) of storage capacity as determined by City is in this RAID / Server array Videos will be archived to DVD (through AutoDVD Solution) within 24 hours after they are uploaded to the RAID
storage.
COBAN engineer will install the DVMS application on the server. They will test connectivity and operability from workstation, server and RAID array in the agreed upon location for the City COBAN
technicians will also test the automated DVD burner with the solution as well. An authorized member of the C.t/s ITS Department MUST be on hand for this installation when the DVMS storage device™*e to be added to the City's existing network.
One <1> Primera 2S Disc capacity automated DVD/CD burning svstBm
COBAN shall provide an auto DVD/CD burner to extend "offline" storage. The Baytown ITS Department
will provide a separate workstation to accommodate the Auto DVD burner. This device will be confiaured
to automatically burn videos through the DVMS server. Future extended storage solutions to consider
would be to implement a tape library to extend the amount of storage and streamline the archiving and
JXlSS.0f offline videos. This device interfaces directly with the DVMS City allowing the City to burn CD/DVD's directly from the DVMS interface. Auto DVD Host Workstation must meet or exceed the following Minimum Spec. Requirement:
Recommended Pentium-4, 3.0Ghz or Higher (especially for DVD-Video burning)
Recommended 1 GB RAM or Higher (especially for DVD-Video burning)
USB 2.0 Port for AutoDVD
50 GB Free Hard Disk Space or above
At least 100 Base-T connection to the network.
The OS should be Windows XP Professional with SP2 or above.
USB 2.0 port for upload cradle (for Mobile HDD upload and download)
Windows Media Player 9.0 or higher
MPEG2 Codec installed -If MPEG 2 video format is used
DIVX Player installed -If MPEG 4 video format is used
Minimum of 64 MB Graphics card
In -Car Installation
COBAN's ® technicians will install and test TWO (2) TOPCAM -G2® units (and all appropriate
components into TWO (2) patrol vehicles. These two vehicles will serve as training vehicles for the CiW who will install the remaining 15 systems. COBAN will wire the overhead lightbar to be a recorder trigger". Upon completion of installation of the in car units, COBANs technicians will systematically test each unit in a step by step process to ensure that ALL functions are fully operable. Upon successful completion of each phase an authorized contact person for the City will be required to approve the
installation and completion of each phase. Successful, timely completion of all phases of testinq will SrvTT?n0UtSf ^?£PA!?ainin? t0 the existing infrastructure that is installed and maintained by the City s ITS Department. COBAN shall install these 2 units under the assumption that ALL scheduled
Exhibit "A." Page 3
bf;'horou?h'y fussed by the City and approved for said installation. Any failure or ZSlf dU/?h9 Insta atlon and testin9 shall be reported immediately to the City for resolution^ ini P ♦ I °f the m°f common|y found fail"res during installations is that the battery in the S?nl" Ah ar9I!1?PrOPerl^Or 'S nOt hOldin9 a Charge Pr°Per|y-This can cause a premature shutdown of the digital in car unit, or the existence of "scotch locks" on existing cabling).
Training
f^ ^ tyP?8 of trainin9-The first being, train the individual officer(s) on the use and operation SL nvM? '" 1*1 r* aThWe" 3S tfL6 Upl°ad" Search> retrievin9 and exP°rtin9 * «"e recorded videos on the DVMS workstation. The second training method is a "Train the Trainer" approach (which will be utilized for the training for the City's personnel.) COBAN will train the appropriate City personnel who in
urn will be responsible for training the police officer and other authorized police department personnel on the operation of the digital in car unit and DVMS storage application. User manuals on all equipment and
applications installed will be provided to the department for review. COBAN or an authorized agent of
COBAN will provide any additional training requests. COBAN® will provide Two (2) days < up to 8 hours
per day, up to 8 department personnel of training. This training will include training the "trainers" on the
operation of the TOPCAM -G2® unit as well as training the appropriate personnel on up-loading storing
retrieving and exporting test video's recorded by the officers on the day of training If time permits the
trainers have the option of driving the vehicle while a COBAN representative accompanies them
assisting them with any operational issues that they may have. If the City requests this type of training it
must be requested prior to the installation of the unit(s) so that the appropriate arrangements are made to
accommodate the request.
The following items are in place or will be in place:
• The vehicle(s) scheduled for installation on the agreed upon date will be present and available to
COBAN® technicians. Failure to have vehicles available during this time may result in additional
fees.
• All personnel to be trained on the scheduled date will be available for training purposes Failure to
have appropriate personnel available on scheduled training day may result in additional fees
User manuals will be provided with all equipment for the City's review.
• If additional training or installation time is required, COBAN® will contact the main contact person
onsite for approval prior to any additional services being performed.
• If the agreed upon date for installation cannot be met, the City agrees to notify COBAN 14 davs
prior to scheduled installation date.
• An authorization signature of main City contact after installation and training is completed will be
required.
• Digital photographs and completed vehicle surveys of ALL of the vehicles the TOPCAM -G2 units
are to be installed in will be provided at least 14 days prior to installation by the City.
• The City is responsible for maintaining its own procedures for the reconstruction of lost or altered
files, backup or saving of data or programs to the extent deemed necessary by the City and for
actually reconstructing any lost or altered files, data or programs. COBAN assumes no
responsibility for the protection of the City's data. COBAN is not liable for damage to software or
data caused by service to the computer hardware equipment, except to the extent that such
damage is caused directly or indirectly by COBAN. Any service/warranty work required on the
workstation, server or other devices provide by the City o in conjunction with the in car video
project will be performed by the manufacturer's representative from which it purchased the
devices.
• The City's ITS Department will be responsible for making certain that any and all security settings
(port openings, firewall settings, antivirus software, etc.) are made prior to the installation and
testing of the DVMS storage equipment. COBAN shall not be held liable for any of the following-
network breach, data interception or loss of data due to those types events or virus/Trojan
infection, if and when a situation should occur. It is highly recommended that the City
maintain a "remote" connection to the server for the remote support of the server by
COBAN software engineers. This connection need not be a "constant or always live" tvDe
but one that can be established easily as needed.
Exhibit "A." Page 4
• Any RMA units/components that are returned to COBAN as "non-operational or considered "non-
warranty" that are in fact operational (example: CPU units that have not been ghosted properly or
at all, scratched/hazy touch screen monitors, microphones missing parts such as: battery, internal
seals, antennas, obvious misuse or damaged systems) will be addressed with the City and
invoiced at standard contract pricing for replacement including the cost of shipping Digital
Photographs will be supplied of said equipment for review by the appropriate City personnel prior
to COBAN invoicing them for the said items.
• It is recommended that COBAN be notified of any third party software that will be installed on the
in-car system. Coban is not responsible for third party software.
DEPLOYMENT SCHEDULE
Tech 1: Setup& configuration, Wireless configuration
Tech 1: DVD Setup, Workstation Setup / Administrator Operation Training
Tech 2: TOPCAM In-Car Installation Training (include 1 complete instillation of TOPCAM)
Tech 1: Administrator Operation Training
Tech 1: Admin Training in the morning, Officer Training in the afternoon
Tech 2: TOPCAM In-Car Installation Training (Coban technician will oversee the department on 2
installations before depart)
Hours System Administrator's Training
System Overview
DVMS Software System Flow
DVMS System Operation and Management:
3 % hours -Log in
Check-in/ Check-out Procedures
-Upload Video & Data
-Retrieve, Retain & Archive Video & Data
-Export Video & Data -DVD, CD, Tape Library, etc.
User Account Management
-System Management
Server Operation & Management
DVMS Maintenance
Server Maintenance
Create and Setup Station Data Base
Hours General Officer's Training
TOPCAM-II System Training
-In-Class TOPCAM Operation Demonstration
3 Vi hours • Hardware Overview
-Recording Functions
-Wireless Microphone Operations
-In-Car Play Back
-Data Entry
-Video Transfer
• System Shutdown Procedures
In-Vehicle Demonstration
Back Office DVMS Training
DVMS Operation Demonstration
Hardware Overview
Recording Functions
Wireless Microphone Operations
In-Car Play Back
Data Entry
Video Transfer
Exhibit "A." Page 5
System Shutdown Procedures
In-Vehicle Demonstration
Back Office DVMS Training
DVMS Operation Demonstration
-Check-in/ Check-out Procedures
-Upload Video & Data Retrieve, Retain & Archive Video & Data
-Export Video & Data -DVD. CD, Tape Library, etc
Overall Review rap-up
-Coban technician will oversee the department prior depart
Exhibit "A." Page 6
JW
EXHIBIT "B"
SAFETY INFORMATION
Safety Information I
Failure to properly install, operate, and care for the COBAN Systems can increase the risk of
electric shock or fire. Failure to properly install and secure the COBAN Digital In Car Video System
can also increase the risk of the system falling and possibly resulting in bodily harm To reduce the
risk of serious injury, death, or damage to the COBAN System:
• Read these instructions
• Keep these instructions
• Heed all warnings
• Follow all instructions.
Use While Driving
Check the laws and regulations on the use of COBAN TOPCAM, TOPCAM-PV/12 MDT MDT-PV and
TOPCAM G-l/G-ll System in the area where you drive. Always give full attention to driving and to the
road. • It is suggested that the overhead monitor on the Toocam® unit be in the "stowed" position
while driving. e
General Electrical Precautions
As with many other electrical devices, failure to take the following precautions can result in serious injury
or death from electric shock or fire, or damage to the COBAN TOPCAM, TOPCAM-PV/12 MDT MDT-PV
and TOPCAM G-l / G-ll System.
Stay Away from Dangerous Voltage Inside the COBAN Digital In Car Video System.
Contact with energized parts inside the COBAN TOPCAM, TOPCAM-PV/12, MDT, MDT-PV and
TOPCAM G-l/G-ll System can cause serious injury or death from electric shock. This can also lead to
fire and/or damage to the COBAN System.
Do Not Take the COBAN Digital In Car Video System Apart
Do not attempt to service, repair or tamper with the COBAN TOPCAM, TOPCAM-PV/12 MDT MDT-PV
and TOPCAM G-l/G-ll System yourself. Refer all servicing to COBAN Customer Service Department or
COBAN Authorized Service Personnel. Do not attempt to modify the COBAN System in any way.
Do Not Insert Anything Into or obstruct Ventilation Openings
Voltage is present within the COBAN TOPCAM, TOPCAM-PV/12, MDT, MDT-PV and TOPCAM G-l/G-ll
Systems when the System is connected to power whether it is turned on or off. To eliminate all voltaqe to
the COBAN TOPCAM, TOPCAM-PV/12, MDT, MDT-PV and TOPCAM G-l/G-ll System, first turn off the
COBAN Digital In Car System, and then disconnect the power cable from the System. (This should be
done either by an Authorized Service Technician or under the guidance of an Authorized Service
Technician.)
• Take precautions from dropping, inserting or spilling anything into the COBAN System
• Do not insert objects into ventilation openings when cleaning the COBAN System (such as a-tiDS
rags, cotton swabs or other materials.)
• Do not use abrasive or flammable cleansers on the COBAN System.
• Only clean the unit in the "system off1 mode.
• Follow the cleaning instructions provided in the system manual.
Keep The COBAN TOPCAM, TOPCAM-PV/12, MDT, MDT-PV and TOPCAM G-l/G-ll System From Falling. To reduce the risk of the COBAN System from falling or injuring the user or damaging the
unit, please properly set up and operate the system according to the Vehicle Installation Manual
Exhibit "B," Page 1
Avoid Damaging Any Electrical Cable
• Protect the cables from being stepped on or pinched, particularly at plugs, and the point where they
exit from the apparatus. *
• Do not jerk, knot, sharply bend, or otherwise abuse the cables.
Do not expose the cables to sources of heat
SSyslem c°mp°nents or the power """"■pu"on • Arrange all connectors and cables so that passengers are not likely to trip over or accidentally pull
on them as they move around or enter and exit the vehicle. If any cable becomes damaged in any
way. immediately discontinue use of the system immediately and call the COBAN Authorized
Repair Center or COBAN Customer Service Department.
Do Not Expose The COBAN TOPCAM. TOPCAM-PV/12. MDT. MDT-PV and TOPCAM G-l/G-ll System
To Liquid Or Moisture
• Do not use this apparatus near water or expose it to rain, moisture, or dripping or splashing liquids
• Do not place objects filled with liquids, such as beverages on or near the COBAN Digital In Car
Video System.
• Do not clean the COBAN System with water, liquid cleaners, solvents, or aerosols.
Prevent The COBAN TOPCAM, TOPCAM-PV/12, MDT, MDT-PV and TOPCAM G-l/G-ll System from
Overheating
Do not block any ventilation openings. Install in accordance with the COBAN Vehicle Installation Manual
Install the COBAN System in a well-ventilated area. Do not place the COBAN System near any soft
surface that may block ventilation openings. Do not install near any heat sources or any apparatus that produces heat. KK
Only Use the Type of Power Source Indicated on the COBAN TOPCAM, TOPCAM-PV/12 MDT
MDT-PV and TOPCAM G-l/G-ll Owner's Manual. ' '
Only Use Attachments / Peripherals Specified and Authorized by the COBAN Research and
Technologies, Inc.
Safety Information II
About Musculoskeletal Disorders
Use of keyboards, mouse, or other electronic input devices may be linked to serious injuries or
disorders.
When you use the keyboard or other electronic input devices, as with many activities you may
expenence occasional discomfort in your hands, arms, shoulders, neck, or other parts of your body
However, if you experience symptoms such as persistent or recurring discomfort pain throbbing
aching, tingling, numbness, burning sensations, or stiffness, DO NOT IGNORE THESE*WARNING
SIGNS. PROMPTLY SEE A QUALIFIED HEALTH PROFESSIONAL, even if symptoms occur when
you are not using these apparatuses. Symptoms such as these can be associated with painful and
sometimes permanently disabling injuries or disorders of the nerves, muscles tendons blood
vessels, and other parts of the body. These musculoskeletal disorders (MSDs) include carpal tunnel
syndrome, tendonitis, tenosynovitis, vibration syndromes, and other conditions.
While researchers are not yet able to answer many questions about MSDs there is general
agreement that many factors may be linked to their occurrence, including medical and physical
conditions, stress and how one copes with it, overall health, and how a person positions and uses
Exhibit "B." Page 2
their body during work and other activities. Some studies suggest that the amount of time a person
performs an activity may also be a factor.
Some guidelines that may help you work more comfortably and possibly reduce your risk of
experiencing an MSD. These guidelines address topics such as:
• You should position yourself in a comfortable posture.
• Keeping your hands, fingers, and other body parts relaxed.
• Take breaks regularly.
If you have questions about how your own lifestyle, activities, or medical or physical condition may be
related to MSDs, see a qualified health professional.
Exhibit "B." Page 3
EXHIBIT "C"
LIMITED WARRANTY & SUPPORT STATEMENTS
EQUIPMENT WARRANTY
The warranty applies within the fifty (50) United States and all States. This Limited Warranty is non-
transferable. This Limited Warranty is null and void if the factory applied serial number or tamper
evident labels have been damage, altered or removed from the product.
WHAT THIS WARRANTY COVERS AND FOR HOW LONG
COBAN Technologies, Inc. ("COBAN") warrants the COBAN Manufactured TOPCAM TOPCAM-
PV/12, MDT, MDT-PV and TOPCAM G-l/G-ll System ("PRODUCT"), against defects in material and
workmanship under normal use and service for a period of one (1) year from the date of shipment.
COBAN, at their discretion, will at no charge repair the PRODUCT (with new or reconditioned parts)
replace it with the same or equivalent PRODUCT (using new or reconditioned Products) during the
warranty period, provided that the City notifies COBAN according to the terms of this warranty The
repaired or replaced PRODUCT is warranted for the remaining original applicable warranty period All
replaced parts of the PRODUCT shall become the property of COBAN.
I2™,XpreSSed limited warrantv is extended by COBAN to the original end-user purchasing the PRODUCT for purposes of commercial, or industrial, or governmental use only, and is not assignable
or transferable to any other party. This is the complete warranty for the PRODUCT manufactured by
COBAN. COBAN assumes no obligations or liability for additions or modifications to this warranty
unless made in writing and signed by an officer of COBAN. Unless made in a separate written
agreement between COBAN and the original End-user City, COBAN does not warrant the installation
maintenance, or service of the PRODUCT. '
COBAN cannot be responsible in any way for any ancillary equipment not furnished by COBAN which
is attached to or used in connection with the PRODUCT, or for operation of the PRODUCT with any
ancillary equipment and all such equipment is expressly excluded from this warranty Because each
system, which may use the PRODUCT, is unique. COBAN disclaims liability for range coveraae or
operation of the system as a whole under this warranty.
CITY'S RESPONSIBILITIES
It is the City's responsibility to backup the contents of hard drives, including any data that may be have
stored or software that may have been installed on the hard drive. It is possible that the contents of the
hard drive wi I be lost or that the drive may need to be reformatted in the course of service and COBAN
will not be held liable for any damage to or loss of any program, data or other information stored on any media or any part of any PRODUCT service hereunder. It is HIGHLY recommended that the City
create a valid disk image" after final installation is completed. This image will need to be updated as
changes are made to the units and kept safe by the City for data recovery purposes COBAN assumes
no liability or responsibility in developing a disaster recovery policy for the City. The City will perform
th^Ctv reconstruction, unless specifically stated in the initial contract between COBAN and
PATCHES & UPDATE
Prior to applying "regular" patches / upgrades from Microsoft to servers, the City ITS Department will submit a list of desired patches / upgrades to COBAN for reference. It is the City's responsibility to thoroughly test the Microsoft patches and Service Packs before roll out.
SERVICE & SUPPORT
City must notify COBAN's at 281-277-8288 within the applicable warranty period for information regarding warranty service. If COBAN determines that all or part of the PRODUCT ZuireS
return for repair or replacement, a Return Merchandise Authorization Number (RMA#) will be
Exhibit "C." Page 1
issued. Please follow COBAN's instructions and return the PRODUCT freight paid to COBAN
with the RMA number.
If requested, proof of a bill of sale (which is evidence that the product is within the warranty
period) must be presented to obtain warranty service. In addition, if replacements / cross ship
are required and City wishes to receive the most expedient service available, City will be
required to provide COBAN with a credit card authorization to bill City's credit card in the event
that City fail to return the original parts. The credit card will only be charged for COBAN'S list
price for the part if the part has not been returned within thirty (30) days.
Service and support of the unit POST installation will be handled as follows:
The officers) utilizing the systems will report all support requests/system issues to City's main
technical contact, (names, numbers and email addresses to be provided by the City.) who is in charge
of the in-car video program. The main technical contact person for the department will then contact
COBAN within 24 hours of the issue being brought to their attention so that the issue can be resolved
as quickly as possible. The fleet technicians who will be providing the installation for these units may
also need to be involved in the initial troubleshooting portion of this process. Depending on what type
of problem is occurring the vehicle may need to be brought to the fleet technicians shop for further
diagnosis and problem resolution. (Providing that the issue is of an emergency nature, minor issues
can be reported by the department at their earliest convenience.)
Before the City contacts COBAN, please have the following information ready:
• Supported System's invoice and serial numbers;
• Model and model numbers of the system;
• Description of the problem and any troubleshooting steps City has already taken.
Call for Assistance
• Call the COBAN at 281-277-8288.
• Call from a location where City personnel can physically access the system if needed during
phone based troubleshooting
• Basic Support is intended for use during business hours Monday through Friday from 8:00 AM to
5:00 PM Central Standard Time. Calls received outside of normal business hours will receive a
call-back during normal business hours.
When requested, let the COBAN technician know what error message the City are getting and when it
occurs; what City were doing when the error occurred; and what steps City may have already taken to
solve the problem. The technician will go through a series of standardized troubleshooting steps over
the phone with the City to help diagnose the issue. Following completion of remote troubleshooting
and problem determination the technician will determine if the issue requires parts to be dispatched or
if the issue can be resolved remotely over the phone
The main technical contact OR an authorized installation technician shall be available to assist in
troubleshooting the unit by phone if needed. COBAN will contact the City with this request and
schedule a time to troubleshoot the unit if the appropriate personnel are not available at that time
Upon completion of troubleshooting, COBAN will assess the situation and determine the next course of
action, (if the issue is not resolved.) Solutions to these issues will range from issuing RMA number to
having the fleet technician perform onsite repair to correct the problem. The City will supply a login and
connection profile for access to City network via VPN. Access will be restricted to only the server and
workstation. Remote control for the server and workstation will be granted to COBAN support via their
choice of remote access software (Terminal Services, VNC, PC Anywhere, etc).
Any deliberate misuse or destruction (cabling cut, monitors cracked, deletion of operating system files
on the in car unit OR the DVMS workstation, etc) of the in car digital system / DVMS workstation or
server; requiring a replacement model or a technician to be dispatched will be billed at $150.00/ hour.
Exhibit "C." Page 2
mSrlt^h h J be assessed as well if a local technician is not available.) Arrangements will be made wtfh the department pnor to another unit being shipped or technician being dispatched Any 3*
party software loaded or devices integrated with / on the TOPCAM -G2 system POST installation will for dl * ^P0"5*"'* to e^ure system functionality & compatibility. COBAN is not responsible for damages caused by or in conjunction to the installation of third party software (COBAN mav
Sn i,ar e"ff HVerH°n ^n^ SOftWaTe ^ teSting-This software sh*" be return^ to the City after testing is completed and installation is approved.)
Warranty Items Covered Under this SOW
• All COBAN components in TOPCAM & MDT Gil (Camera, microphone, monitor receiver
camera mount, etc.)
• DVMS and Mobile Recorder Software Applications
• Manufacturers defects in material or workmanship (for period of warranty)
• Support and service on the Primera Bravo II DVD Disk Publisher will be provided by Primera
Technology Inc. Service Contact Number : 763-475-6669 or via internet at
http://www.primera.com/contact tech support.cfm
LeyeM -Initial problem discovery and diagnostics. COBAN Technician will contact the City's
designated contact to perform initial rudimentary troubleshooting steps. A trouble ticket will be
generated, problem will be diagnosed, once solved the ticket will be closed. If problem cannot be
resolved with initial call, COBAN Tech Support technician will escalate the issue to a level 2 technician
for further research/troubleshooting.
yfli -Level Two issues will require servicing/repairing on the components (camera receiver etc) If
service or repair is required, COBAN Technician will issue an RMA number and instruct the City's to
return the components to Coban. Prior to issuing an RMA number for component COBAN Technical
support staff may request that the in car unit be "re-imaged" by the designated department contact to
see if this resolves the issue. If re-image and replacement component do not resolve the issue the
problem will be escalated to a Level 3 technician. Cross ship or unit replacement will be issued at
Coban's discretion.
LeyejJ-Level Three issues are typically classified, as "Total System Failures" meaning the system is
not operational or useable by the department. If this is the case, and the serviced or repaired
components did not resolve the issue, a complete system replacement will be sent (if determined the
only solution.) Additional troubleshooting and diagnostics will be attempted prior to issuing an RMA for
a complete system replacement or the vehicle may need to be sent to the authorized service center for
diagnostics or replacement. Initial response Time: 4-8 Business hours after escalation to Level Three
Priority by COBAN. Resolution times will very depending on nature of problem.
If the City is not able to resolve a hardware issue by completing the troubleshooting steps it will notify
COBAN of the issue by email at hwsupport@cobantech.com
• Each reported problem will include a description of the issue to include initial reports from end
users, the results of troubleshooting steps taken, the name of the person conducting the
troubleshooting, serial number of the computer experiencing the problem, and car number the
computer is in.
• This information is required on every submission as well as a contact name and number for the
City personnel who can be contacted for further troubleshooting if needed to determine the
proper resolution to the problem reported. Submissions that do not include all of the
aforementioned information will not be addressable until said information is provided
• Normal hours are Monday through Friday, 8:00 am to 5:00 pm CST.
• Some typical request statuses include RMA issued, case assigned to COBAN support team for
further research, or request for additional troubleshooting and report of results from Citv of Baytown personnel. y
Exhibit "C." Page 3
Jn^rnBAM anMRMAlS n°J iss,ued and the C0BAN suPP°rt team js researching the issue farther, COBAN will provide City of Baytown updates via phone or email on the issue status at
least every other business day.
• If a hardware issue is severe enough to make the computer unable to perform patrol functions
delays of RMA issuance due to COBAN support researching an issue should never exceed three
business days after the day of the initial report. In this circumstance, an RMA should be issued
for equipment repair or replacement. (Providing said hardware "issue" is a defect in said
component and not a result of the system becoming unstable due to addition of 3rd party
software, hardware or system settings changes on behalf of the City.)
Other information
Unit Replacement. Once replacement component has been received, the City must relinquish the
defective unit to COBAN. If the defective unit is not returned within ten (10) days, the City agrees to
pay COBAN for the replacement unit upon receipt of invoice. Failure to honor the invoice within thirty
(30) days after receipt will cause the cancellation of this Service Description Agreement and mav result in other legal steps. J
Parts Ownership. All service parts removed from the City Supported System become the property of
COBAN. The City will be obligated to pay at the current retail price(s) for any service parts removed
from the City's Supported System and retained by the City. COBAN will uses new and reconditioned
parts made by various manufacturers in performing warranty repairs.
Compliance with Terms and Conditions
FAILURE TO FOLLOW THE ABOVE INSTRUCTIONS MAY RESULT IN DELAYS AND MAY CAUSE
THE CITY TO INCUR ADDITIONAL CHARGES, OR MAY VOID WARRANTY.
IF DURING THE REPAIR OF THE PRODUCT THE CONTENTS OF THE HARD DRIVE ARE
ALTERED, DELETED, OR IN ANY WAY MODIFIED, COBAN IS NOT RESPONSIBLE
WHATSOEVER TO RECOVER OR RESTORE SAID CONTENTS. City PRODUCT WILL BE
RETURNED TO City CONFIGURED AS ORIGINALLY City (SUBJECT TO AVAILABILITY OF
SOFTWARE)
Be sure to remove all third party hardware, software, features, parts, options, alterations, and
attachments not warranted by COBAN prior to sending the PRODUCT to COBAN for service.
COBAN is not liable for any loss or damage to these items.
Cooperate with the technician -City agrees to cooperate with and follow the instructions provided by
COBAN. Experience shows that most system problems and errors can be corrected over the phone as
a result of close cooperation between the user and the technician. Listen carefully to the technician and
follow the technician's suggestions.
ITEMS NOT COVERED UNDER THIS WARRANTY
Except as otherwise provided in the Agreement, the following are not covered under this
warranty;
• De-installation or re-installation of product(s) or software application(s)
• Warranty support or service for 3rd party systems.
• Troubleshooting of applications or application compatibility issues.
• Data Migration
• Customization of end user MS Window desktop
• Vehicle with electrical issues
• On Site Service
• Batteries
• Freight costs to the repair depot.
• Normal and customary wear and tear
• Damage due to connection to improper voltage supply
• Non-COBAN supplied equipment
Exhibit "C." Page 4
• PRODUCT that has had the serial number removed or made illegible
• Systems that are non operational due to abuse, neglect or improper usage for anything other than what the system was configured to do. Not limited to dirt, debris, water damage, (liquid of any type)
• Unauthorized entry opening of the COBAN module, monitor or forced removal of the MHDD and or
components.
• Defects or damage from improper testing, operation, maintenance, installation alteration modification, or adjustment.
• ?ysttemS affeCted by vims«S security breacht or other network related occurrence including but not limited to: installation of 3 party software applications, network security settings changes resulting,
in loss of communication or ability to properly use the system.
• Systems affected by 3rd party software updates and 3rd party hardware changes that cause system
to become unstable or inoperable and configurations that deviate from the Original Master Gold
Image.
• A PRODUCT subjected to unauthorized PRODUCT modifications, disassemblies or repairs
(including, without limitation, the addition to the PRODUCT of non-COBAN supplied equipment) that
adversely affects performance of the PRODUCT.
• A PRODUCT, which, due to illegal or unauthorized alteration of the software / firmware in the
PRODUCT, does not function in accordance with COBAN, published specifications or with the FCC
type acceptance labeling in effect for the PRODUCT at the time the PRODUCT was initially
distributed from COBAN.
• Scratches or other cosmetic damages to PRODUCT surfaces that do not affect the operation of the
PRODUCT.
TRADEMARKS
TOPCAM, TOPCAM, DVMS, Mobile Start, COBAN, and COBAN logos are registered trademarks
of COBAN Technologies, Inc.
Microsoft. Windows. Window XP Embedded and Windows logos are registered trademarks of
Microsoft Corporation.
Firewire and Sony logo are registered trademark of Sony Corporation.
Intel, Pentium and Celeron are registered trademarks of Intel Corporation.
CompactFlash and SanDisk logo are registered trademarks of SanDisk Corporation.
GWD 900 and Gomet logo are registered trademarks of Taiwan Gomet Technology Co., Ltd.
Exhibit "C." Page 5
EXHIBIT "D"
SOFTWARE LICENSE
GRANT OF LICENSE
Copyright laws and international copyright treaties, as well as other intellectual property laws and
treaties protect the COBAN SOFTWARE. The COBAN SOFTWARE is licensed not sold This LICENSE grants City the following rights:
Software. City may install and use one copy of the COBAN SOFTWARE on the PRODUCT Storage/Network Use. City may install the DVMS City software on their existing internal local area
network. The City may not make unauthorized copies of the COBAN Mobile Start software without the fn IT8 WflttHn S°nfm °f °2BAN-C0BAN assumes no liability for software instaESes due to incompatible hardware, software or network security issues that are controlled by the City's ^formation Technology Department. COBAN will not be responsible to install said software on the City s local area network, unless specifically contracted to do so. Instructions shall be provided to the
uty to accomplish this task.
Back-up Copy. A back-up copy of the COBAN SOFTWARE is included with the PRODUCT Citv
may use the back-up copy solely for archival purpose.
DESCRIPTION OF OTHER RIGHTS & LIMITATION
Limitation on Reverse Engineering. De-compilation and Disassembly. City may not modify reverse
engineer, de-compile, or disassemble the COBAN SOFTWARE or HARDWARE in whole or in part
without the express consent from COBAN. Failure to obtain consent may void any and all warranties Separation of Components. The COBAN SOFTWARE is licensed as a single product Its
component parts may not be separated for use on more than one PRODUCT
Single PRODUCT. The COBAN SOFTWARE is licensed with the PRODUCT as a single integrated product. The COBAN SOFTWARE may only be used with the PRODUCT wgraieu
Rental. City may not rent or lease the COBAN SOFTWARE.
Software Transfer. Software / Hardware / Licenses are NOT transferable
Termination. Without prejudice to any other rights, COBAN may terminate this LICENSE if the City
fails to comply with the terms and conditions of this LICENSE. In such event, the City must destroy all copies of the COBAN SOFTWARE and all of its component parts. iu«*royaii
PROHIBITION ON EXPORTATION
EXCEPT FOR EXPORT TO CANADA AND AUSTRALIA, THE COBAN SOFTWARE AND ANY
UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATE OR TO
ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U S GOVERNMENT
REGULATION, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN OR
LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. CITY AGREES THAT BY
DOWNLOADING OR USING THE COBAN SOFTWARE, IT IS AGREEING TO THE FOREGOING AND THEY ARE WARRANTING THAT THEY ARE NOT A "FOREIGN PERSON" OR UNDER THE
CONTROL OF OR ACTING ON BEHALF OF THE FOREIGN ENTITY.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software Product and documentation are provided with RESTRICTED RIGHTS Use duplication
or disclosure by the United State Government is subject to restrictions as set forth in subparagraph '
(c)(1) and (2) of the Commercial PRODUCT Software-Restricted Rights at 48 CFR 52 227-19 as
applicable. Manufacturer is COBAN Research and Technologies, Inc.. 12503 Exchange Drive Suite 536, Stafford, Texas 77477.
SOFTWARE WARRANTIES -Reserved
The COBAN PRODUCT described in this instruction manual may include copyrighted COBAN
SOFTWARE stored in semiconductor memory and other media. Laws in the United States and other
countnes preserve certain exclusive rights for COBAN copyrighted SOFTWARE programs including
the exclusive right to copy or reproduce the copyrighted SOFTWARE program in any form
Accordingly, any copyrighted COBAN SOFTWARE programs contained in the COBAN PRODUCT
Exhibit "D." Page I
described in this instruction manual may not be copied or reproduced in any manner without the express written permission of COBAN. Furthermore, the City shall not be deemed to gran? either 2,°; * "SSSf1-est°PPels or otherwis* anV '^ense under the copyrights, patents or patent applications for COBAN. except for the normal non-exclusive, royalty-free license to use that arises by
operation of law in the sale of a product.
END USER LICENSE AGREEMENT
This End-User License Agreement ("LICENSE") is a legal agreement between the City and COBAN
Technologies, Inc. ("COBAN"), the manufacturer of the TOPCAM, TOPCAM-PV MDT MDT-PVand
TOPCAM Systems ("PRODUCT"). All COBAN software, including COBAN Mobile Start Software
( SOFTWARE") and third party software not otherwise licensed by a specific end user license
agreement included with City PRODUCT, downloaded from COBAN websites or provided by COBAN
as updates / upgrades, shall be referred to as COBAN SOFTWARE. The COBAN SOFTWARE
includes PRODUCT software, the associated media, any printed materials, and any "on-line" or
electronic documentation, as well as COBAN supplied or facilitated updates / upgrades thereto
Notwithstanding for foregoing, software distributed together with separate end user software license
agreements (the "Third Party EULA"), including but not limited to Windows® operating system provided
by Microsoft Corporation, shall be covered by respective Third Party EULAs. City may use the COBAN
SOFTWARE only in connection with the use of PRODUCT. By installing, copying downloading or
otherwise using the COBAN SOFTWARE. City agrees to be bound by the terms of this LICENSE
Exhibit "P." Page 2
EXHIBIT "E"
PRICE QUOTE
Sales Quote
12503 Exchange Dr.,Ste.536
Stafford, Texas 77477
281.277.8288
Bill To:
Bayt^wn ITS Department
2401 Market St.
Baytpwn, TX 77520
Ship To:
Baytown ITS Department
3200 North Main St.
Baytown, TX 77521
Part Number
Coban In-Car
Description List Price Quant
Ity
In-Car Systems
Total
SYSG2-SCSM
Coban Options
TopCam Gen II -6.4" Monitor System Single
Camera & Microphone $ 5,250.00 17 $
89,250.00
T-Add Additional Back Seat Infrared Camera to
Main Camera Module (This upgrade must be
addressed during initial order)
250.00 17 4,250.00
-03 Dual Microphone Receiver Module
(Receiver Only) 395.00 Optional
•CHG06 6 Mic Charging Station 350.00 Optional
SCOPT-05 Magnetic Card Reader
GPS
295.00 Optional
ot. OPT-01 250.00 Optional
SCOPT-02 MDT-Hardware Integration
(Includes cables with setup) 100.00 Optional
SCOPT-04 Crash Sensor 250.00 Optional
SCOPT-10 Radar Integration (pd must provide cable)
Tech Support Kit
100.00 Optional
SYSTS-01 495.00 495.00
Coban Spares
fPKGBT Package B (Transmitter)
Transmitter Antenna
335.00 Optional TANT 12.00
SCMIC-BP01
SCMIC-LC03
Lithium Ion Battery
Microphone -Leather Pouch
20.00
20.00
SCMHD-1840 40GB Removable HDD 350.00
Optional
Optional
Optional
1,750.00
Coban Wireless
WDVMSfLC DVMS Software License Fee / In-Car Unit 250.00 17 $ 4,250.00
Exhibit "E." Page ]
Exhibit "E." Page 2