Contract_User_Instructions_-_Supp_9.docx

Department of General Services Procurement Division 707 Third Street, 2nd Floor West Sacramento, CA 95605-2811

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION

Contract (Mandatory) 1-19-58-70 Contract User Instructions – *Supplement 9*

Contract 1-19-58-70 Page 20 *04/16/2025* User Instructions State of California

STATEWIDE CONTRACT

USER INSTRUCTIONS

MANDATORY

*Supplement 9* *(Incorporates Supplements 1 – 9)*

Recording System

The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:

IT General Provisions, rev 09/05/2014 (http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd401IT.pdf) IT Cloud Computing Services Special Provision (Software as a Service) effective 03/15/18 Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION

Mailing Address:

COBAN Technologies, Inc.

11375 W. Sam Houston Pkwy. S.

Suite 800 Houston, Texas 77031 Fax/Email:

Fax: (281) 925-0535 Email:

SFLE-Sales@safefleet.net Contact Information:

Cindy Chang 11375 W. Sam Houston Pkwy. S.

Suite 800 Houston, Texas 77031 Phone: 1-866-812-6226 option 1 Email:CChang@safefleet.net

All changes to most recent Supplement are in bold red italic.

Summary of Changes

· Section 45: Added new section.*

*04/16/2025*

· Cover Page: Contract administrator has changed from Robb Parkison to Sarah Samaan.

· Section 29: Contract administrator has changed from Robb Parkison to Sarah Samaan.

2/18/2025

· Supplement 7 extends the contract to 6/16/2026.

· Section 44 Vetted Forms/Certifications 9/10/2024

· Supplement 6 extends the contract to 6/16/2025.

· Section 29 Contract Administration DGS Fax changed to N/A 7/19/2023

· Supplement 5 reflects a product refresh. Attachment A Contract Pricing has been modified.

2/10/2023

· Supplement 4 extends the contract to 6/16/2024.

· Section 44 Russia language modified.

7/20/2022

· Supplement 3 extends the contract to 6/16/2023.

· Contract administrator phone number has changed.

· Attachment D WMVARS Accesory Catatlog Non core items added.

· Attachment C SOW updated 3/12/2022

· Supplement 2 changes the contract administrator from Denelle Scott to Robb Parkison

4/27/2021

· Attachment 1 – Contract Pricing has been removed and replaced with Attachment 1 – Contract Pricing, Revised 11-13-2020 11/13/2020

SCOPE

The State’s contract with Coban Technologies, Inc. (Contractor) provides Wireless Mobile Video and Audio Recording Systems (WMVARS) at contracted pricing to the California Highway Patrol (CHP) and local governmental agencies in accordance with the requirements of Contract # 1-19-58-70. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of WMVARS to the State.

The contract term is for three (3) years with an option to extend the contract for seven (7) additional one (1) year periods or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term.

CONTRACT USAGE/RULES

State Departments

· The use of this contract is mandatory for the CHP.

· Ordering departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and 3, as applicable.

· Prior to placing orders against this contract, departments must have been granted IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. The department’s current purchasing authority number must be entered in the appropriate location on each purchase document. Departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at pams@dgs.ca.gov.

· Departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.

Local Governmental Agencies

· Local governmental agency use of this contract is optional.

· Local government agencies are defined as “any city, county, city and county, district or other governmental body or corporation, including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges’’, empowered to expend public funds for the acquisition of products, per Public Contract Code Chapter 2, Section 10298 (a) (b). While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.

· Local governmental agencies shall have the same rights and privileges as the State under the terms of this contract. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of the contract.

· A DGS issued billing code is not required for local governmental agencies to place orders against this contract.

Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.

DGS ADMINISTRATIVE FEES

1. State Departments The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.

Current fees are available online in the Price Book & Directory of Services (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).

Local Governmental Agencies For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to 1% of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency’s purchase price, nor invoiced or charged to the purchasing entity. All prices quoted to local governmental agency customers shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

SB/DVBE OFF-RAMP PROVISION

There is no SB/DVBE off ramp associated with this contract.

EXEMPT PURCHASES

There are no exempt purchases associated with this contract.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE

Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).

CONTRACT ITEMS

This contract contains a core and non-core price structure. Pricing for core WMVARS hardware, software licensing and cloud subscriptions, and services are fixed for the contract term unless a price increase is granted. Pricing for these items are listed on Attachment A – Contract Pricing. Pricing for the non-core WMVARS catalog accessories is a discount off catalog price. All non-core WMVARS accessories will be available with a ten percent (10%) discount off catalog pricing.

SPECIFICATIONS

All products listed on Attachment A - Contract Pricing, must conform to Attachment B- WMVARS Specification dated 4/24/2019 which is comprised of the minimum requirements for the WMVARS including hardware, software, and services. Attachment C – CHP Statement of Work details how the hardware and software are to function and defines the expectations for the Contractor.

Attachment C – CHP Statement of Work details specific requirements for the WMVARS but is also specific for the CHP three phase roll out schedule. Ordering agencies shall issue a supplemental Statement of Work (SOW) when their order includes items such as on-premise appliance installation, multiple delivery locations, System Functionality Testing, etc. With the exception of those specific changes, any supplemental SOW will mirror Attachment C – CHP Statement of Work and maintain the contract’s terms, conditions, and requirements. If ordering agencies are purchasing equipment only, with one (1) delivery location and no testing requirements, a supplemental SOW will not be necessary.

CUSTOMER SERVICE

The Contractor will have a customer service unit that is dedicated to this contract. The customer service unit provides office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT for all hardware equipment and 24x7x365 coverage for all software issues including the cloud-based WMVARS.

The customer service unit shall be staffed with individuals that:

· Are trained in the requirements of this contract;

· Have the authority to take administrative action to correct problems that may occur; and

· Are designated for training and general customer service follow-up.

For Hardware issues, the Contractor’s customer service unit shall respond to all customer inquiries within one (1) business day of initial contact. Customer service response for software issues shall be immediate.

Hardware and Software (standard operating hours M-F 6:00AM to 4:00PM PT):

Hardware and Software (outside of standard hours):

OFFER FORMAT

For non-core catalog accessories, the Contractor shall provide an offer to ordering agencies in MS Excel spreadsheet format and must include the following data elements:

· Contractor letterhead

· Offer/Quote “prepared by” name and contact information

· Offer/Quote number

· Date of Offer/Quote

· Date of the OEM’s publically available price index (MSRP/MSIP)

· Ordering agency name

· Ordering agency contact person

· Contract number

· Contract expiration date

· Table consisting of:

· Contract Line Item Number

· Quantity

· Core/Non-Core (Y/N)

· Description of Item

· Manufacturer’s Part Number/SKU

· MSRP/Index Price

· Contract Discount

· Contract Unit Price

· Extended Price (Quantity x Contract Price)

· Subtotals of taxable and non-taxable items

· Rate and calculated tax

· Applicable fees

· Grand total

PRODUCT SUBSTITUTIONS

Product substitution shall be in accordance with of the General Provisions (rev 06/08/10), section 15 entitled “Substitutions”.

PROMOTIONAL PRICING

During special pricing promotions, the Contractor shall offer State and local agency purchasers the promotional pricing or the discount percentage off list, whichever is lower.

The Contractor shall notify the CA of all promotional pricing changes. Notification shall include at a minimum:

· Promotion start and end dates

· Models, products, and services included in the promotion

· Promotional pricing Promotional pricing shall not be cause for a permanent change in pricing. Promotional pricing shall not be cause for Contractor Refresh.

Promotional items shall come with all benefits of the statewide contract terms and conditions and shall include all provisions such as warranty and delivery.

STATE AGENCY INFORMATION TECHNOLOGY CERTFICATION REQUIREMENT

This requirement does not apply to local government agencies.

For State agencies, a signed certification of compliance with state information technology (IT) policies is required for all IT acquisitions of hardware, software, and services that cost $5,000 or more. The policy and required format is provided in SAM Section 4819.41.

PURCHASE EXECUTION

1. State Departments Std. 65 Purchase Documents State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site (https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx) (select STD Forms).

All Purchasing Authority Purchase Orders (Std. 65) must contain the following:

· Agency Order Number (Purchase Order Number)

· Ordering Agency Name

· Agency Billing Code

· Purchasing Authority Number

· Leveraged Procurement Number (Contract Number)

· Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)

· Line Item number

· Quantity

· Unit of Measure

· Commodity Code Number

· Product Description

· Unit Price

· Extension Price

FI$CAL Purchase Documents State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.

Blanket Orders The use of blanket orders against this statewide contract is not allowed.

Local Governmental Agencies Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only).

MINIMUM ORDER

There is no minimum order for this contract.

ORDERING PROCEDURE

Ordering agencies are to submit appropriate purchase documents directly to the Contractor(s) via one of the following ordering methods:

· U.S. Mail

· Facsimile

· Email The Contractor’s Order Placement Information is as follows:

ORDER PLACEMENT INFORMATION

U.S. Mail:

COBAN Technologies, Inc.

11375 W. Sam Houston Pkwy. S.

Suite 800 Houston, Texas 77031 Facsimile:

(281) 925-0535 Email:

SFLE-Sales@safefleet.net

When using any of the ordering methods specified above, all State departments must conform to proper State procedures.

ORDER ACCEPTANCE

The Contractor shall accept orders from CHP or local governmental agency. The Contractor shall not accept purchase documents for this contract that:

· Are incomplete

· Contain non-contract items

· Contain non-contract terms and conditions The Contractor must not refuse to accept orders from CHP or local governmental agencies for any other reason without written authorization from the CA.

ORDER RECEIPT CONFIRMATION

The Contractor will provide ordering agencies with an email or facsimile order receipt confirmation within 24 hours of receipt of purchase document. The Order Receipt Confirmation shall include the following information:

· Ordering Agency Name

· Agency Order Number (Purchase Order Number)

· Purchase Order Total Cost

· Anticipated Delivery Date

· Description of Goods

OUT OF STOCK REMEDY

Upon receipt of order acknowledgment identifying out of stock items, the ordering agencies shall have the following options:

· Request back order

· Cancel the item from the order with no penalty Contractor will provide notification to the ordering agencies regarding out-of-stock items which have been back ordered.

Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products.

DISCONTINUED ITEM REMEDY

Upon receipt of order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:

· Amend purchase document to reflect State-approved substitute item (per Article 11, Product Substitutions)

· Cancel the item from the order Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the CA.

DELIVERY SCHEDULES

Delivery for orders placed against this contract shall be in accordance with the following:

1. Locations Deliveries are to be made (statewide) to the location specified on the individual purchase order, which may include, but not limited to inside buildings, high-rise office buildings, and receiving docks.

Schedule Delivery of ordered product shall be completed in full within thirty (30) calendar days after receipt of an order (ARO) unless otherwise agreed to by the ordering agency. Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each facility for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within twelve (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Receipt Confirmation.

Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM PT.

Security Requirements Deliveries may be made to locations inside secure institutional grounds (such as local law enforcement agencies) that require prior clearances to be made for delivery drivers/Contractor staff. Since security clearance procedures for each facility may vary, it will be the Contractor’s responsibility for contacting the secure location for security clearance procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.

FREE ON BOARD (F.O.B.) DESTINATION

All prices are F.O.B. destination; freight prepaid by the Contractor, to the ordering organization's receiving point. Responsibility and liability for loss or damage for all orders will remain with the Contractor until final inspection and acceptance, when all responsibility will pass to the ordering organization, except the responsibility for latent defects, fraud, and the warranty obligations.

PALLETS

Unless otherwise specified on the ordering agency’s purchase order document, standard commercially available pallet sizes should be used. All pallets shall be of sturdy construction and adequate condition to assure delivery of the goods without damage to the goods or safety hazards.

Exchange pallets may be available; however, the State assumes no responsibility for the availability to exchange pallets. Delivery drivers shall not remove more pallets from the location than delivering at time of delivery.

SHIPPED ORDERS

All shipments shall be in accordance with the General Provisions, Information Technology, Rev 09/05/2014, Section 12 entitled “Packing and Shipment”.

PACKING SLIP

Packing slip requirements shall be in accordance with the General Provisions, section 12 entitled “Packing and Shipment”

PACKING LABEL

A packing label will also be included with each order shipped and include the following items, visible on the outside of the box:

· Authorized Purchaser

· Address

· Department and floor

· Authorized Purchaser Contact Name

· Authorized Purchaser Telephone Number

INSTALLATION

In-Car Camera system:

The ordering agency will coordinate meetings with the contractor to design the in-car camera WMVARS system installation, including camera and cabin microphone placement, central unit placement, cabling, etc. If it is determined by the ordering agency and the Contractor that a custom mount is needed, Contractor shall provide custom mount within thirty (30) calendar days of that determination.

On-Premise Appliance:

Ordering agencies may elect to install the on-premise appliance. Agency install shall not effect the warranty terms of the equipment. If included in the purchase order, the Contractor is responsible for the on-premise appliance installation. Physical installation includes coordination of installation with ordering agency representative, power-up, installation of latest firmware, installation of software and updates, and removal of dunnage. Testing and diagnostics must include execution of a suite of hardware and software. The contractor installed basic configuration must be completed and accepted by the ordering agency representative.

Installation shall include electronic documentation, including configuration instructions, at no additional price.

INSPECTION AND ACCEPTANCE

Attachment C – CHP Statement of Work, Section 7 Testing describes the System Functionality and Configuration Testing, the Ten (10) day Proof-of-Performance Testing, and the Burn-in Period Testing for the initial CHP units to ensure the system performs as required. Acceptance of these units will occur after the units have successfully completed the entire testing phase. The inspection and acceptance for all additional units shall be in accordance with the General Provisions, paragraph 16 entitled Inspection, Acceptance and Rejection which requires rejection of deliverables be processed within 30 days of delivery or they shall be deemed as accepted.

Local government agencies may elect to include the testing requirement for their initial purchase order, however, it is not required. If the ordering agency elects to include the testing requirement for the intitial units purchased, this must be made clear in the accompanying SOW.

CONTRACT ADMINISTRATION

Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.

(State Contract Administrator) COBAN Technologies, Inc.

(Contractor)

Attn: Sarah Samaan 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 COBAN Technologies, Inc.

Attn: Mark Griffin 11375 W. Sam Houston Pkwy. S.

Suite 800 Houston, Texas 77031

RETURN POLICY

Contractor will accept all products for return if returned prior to acceptance by the ordering agency in accordance with Article 28. Inspection and Acceptance. Contractor shall offer a credit or refund in accordance with Article 31. Credit Policy. Contractor may impose a Restocking fee per Article 32. Restocking Fees.

Products returned should be in the packaging as delivered and include all documentation. Lost or damaged packaging materials and/or documentation shall be supplied by the Contractor. The Contractor shall not charge for these materials in excess of the Contractor’s cost or the ten (10) percent Restocking Fee, whichever is lower. The Contractor shall provide the CA and/or ordering department a copy of the Contractor’s material cost, if requested, within ten (10) days of request.

All returns shall be picked up within seven (7) working days of notification. Notification is defined as notice in writing, by facsimile, or e-mail.

CREDIT POLICY

The Contractor shall offer credit/refund for the following items:

· Items shipped in error

· Unopened product (within 30 days of delivery)

· Defective or freight-damaged items In all cases, the ordering agency shall have the option of taking an exchange or receiving a credit, or receiving a refund.

The Contractor will be responsible for the credit or replacement of all products, including those covered by manufacturer warranties. Contractor cannot require the ordering agency to deal directly with the manufacturer.

RESTOCKING FEES

The Contractor will not impose a restocking fee on the ordering agency for the following situations:

· Items returned that were damaged upon receipt

· Items that are defective

· Incorrect items shipped

· Unopened product (within 30 days of delivery)

· Items for exchange (within 30 days of delivery) Re-stocking fees for all other reasons shall be no greater than ten percent (10%) of the value of the items needing re-stocking.

The packaging and documentation provisions of Article 30 Return Policy, shall apply to re-stocked items.

The Contractor will not be required to accept returns more than 60 days after delivery. The State will be responsible for return transportation costs to the Contractor if so accepted after 60 days after delivery.

INVOICING

Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will contain the following information:

· Contractor’s name, address and telephone number

· Leveraged Procurement Number (Contract Number)

· Agency Order Number (Purchase Order Number)

· Item and commodity code number

· Quantity purchased

· Contract price and extension

· State sales and/or use tax

· Prompt payment discounts/cash discounts, if applicable

· Totals for each order

PAYMENT

1. Terms Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.

CAL-Card Use Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.

State Financial Marketplace The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.

Payee Data Record Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office. Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the Contractor for copies of the Payee Data Record.

CALIFORNIA SELLER’S PERMIT

The California seller permit number for the Contractor is listed below. State departments can verify that permits are currently valid at the following website: www.cdtfa.ca.gov. State departments must adhere to the file documentation required identified in the State Contracting Manual Volume 3.

WARRANTY

The Contractor must honor all manufacturers’ warranties and guarantees for a period of three (3) years from the date of acceptance on all products offered as part of this contract. The Contractor shall bear all material and labor costs for repair of equipment defects and failure. The Contractor shall be the main point of contact for all warranty issues and shall facilitate any necessary contact between the ordering agency and the manufacturer.

During the warranty period, the Contractor must:

· Honor all manufacturers’ warranties and guarantees on all products offered through the contract.

· Continue to provide warranty service after contract termination until expiration of warranties for products that have been sold under the contract.

· Provide all labor, parts, and travel necessary to keep the products in good operating condition and preserve its operating efficiency in accordance with its technical specifications.

· Pay any necessary shipment and insurance costs.

The warranty services listed shall include all hardware products and costs of labor, parts, travel, factory overhaul, rehabilitation, transportation, and substitute products as necessary.

All CHP units sent to the Contractor for repair shall be accompanied by a CHP Repair Order which will contain a unique repair authorization number. The Contractor shall retain the repair order as a reference to the repair. All broken and unserviceable parts and/or components which are replaced shall become the property of the Contractor. Upon completion of the repair and/or service of a WMVARS unit, the Contractor shall ship the device back to the CHP location listed on the CHP Repair Order.

Local agencies may use their own repair order process documents, however, the warranty requirements and terms and conditions will remain the same.

On-site warranty is required for the on-premise appliances. If it is necessary to remove any on-premise products from a CHP/local agency location, and the part(s) are necessary to maintain operational functionality, the Contractor will provide loaner products at the time of removal.

Loaner products will be comparable to or better than the products removed. In instances where it is necessary for the Contractor to return the products to the factory, the Contractor will be responsible for all costs of the products from the time it leaves the agency’s site until it is returned to the site in good operating condition.

While under warranty, the Contractor shall repair non-functioning equipment in less than thirty (30) calendar days. Defective equipment shall be replaced within fifteen (15) calendar days.

Only new standard parts or parts equal in performance to new parts will be used in affecting repairs. Parts that have been replaced will become the property of the Contractor except in instances where the agency chooses to keep the hard drives. Replacement parts installed will become the property of the agency.

All operating system software and firmware will be considered an integral component of the equipment and the Contractor will respond to all requests for warranty service for any failure.

Warranty services during the warranty period will not include electrical work external to the products, the furnishing of supplies, or adding or removing accessories, attachments, or other devices not provided under this contract. Warranty services also will not include repair of damage resulting from transportation by the authorized purchaser between State or local sites or from accident, unless the accident is caused by negligent or intentional acts or omissions of Contractor or its agents.

If offered, Contractor shall make available extended warranty options as a non-core item. These extended warranties must be purchased by an ordering entity prior to the expiration of the initial three (3) year warranty period.

QUALITY ASSURANCE GUARANTEES

The Contractor shall represent and warrant that the WMVARS products provided shall be free from defects in material and workmanship, given normal use and care, over the period of the manufacturer warranty. The terms of this contract will supersede any language to the contrary on purchase orders, invoices, or other sources. Contractors must use new products, parts, and components for all new equipment purchased by the State. Contractors may use parts that are equal in performance to new parts for warranty replacement repair parts only as long as it does not violate manufacturers’ warranty.

EQUIPMENT REPLACEMENT DURING WARRANTY

If a product provided fails to perform in accordance with technical specifications and functional descriptions contained or referenced in the awarded contract agreement and is subject to warranty response three (3) or more times during any ninety (90) day period, the Contractor will upon the authorized purchaser’s request, replace the product(s) at no price. The replacement product(s) will be delivered no later than fifteen (15) working days after the authorized purchaser’s request is received by the Contractor. Replacement goods cannot be used, refurbished or recycled, and must be of equal or greater value.

HARDWARE AND SOFTWARE SUPPORT

Hardware and Software Support service shall be offered on all on-premise appliances purchased from the resulting contract. Hardware and Software Support shall include all labor, parts, supplies, and consumables to ensure that the device will operate within the Original Equipment Manufacturers (OEM) specifications. Qualified, trained technicians will perform all contracted maintenance. The Hardware and Software Support agreement is for support tasks that are expected to occur during off-hours and shall include the following:

· All systems upgrades including but not limited to operating system and software maintenance and upgrades, video storage system upgrades, camera configurations, and firmware upgrades (separate from the Contractor SaaS cloud portion).

· 100% all-inclusive hardware maintenance (support) to achieve the 99.99% hardware system availability including but not limited to the following:

· Ongoing Central Processing Unit (CPU) monitoring memory performance level and system disk usage.

· Ongoing compliance of all security patches applied to hardware and firmware updates in place.

· Ongoing troubleshooting and proactively resolving hardware issues.

· Ongoing system security monitoring for user access, system access, and reporting hardware security breach to CHP.

The following Hardware and Software Support plan options shall be available for purchase:

· Three (3) year Hardware and Software Support

· One (1) year Hardware and Software Support Purchase of a Hardware and Software Support agreement is not required. State and local agencies may elect to purchase the Hardware and Software Support agreement at any time during the contract term. If the Hardware and Software Support agreement is purchased 30 days after warranty expires, Contractor shall bring the device’s performance level up to standard free of charge.

PRINCIPAL PERIOD OF WARRANTY

The Contractor must provide warranty and unscheduled service calls for equipment failure in accordance with the following Principal Period of Warranty (PPW) times after notification from an authorized purchaser of a problem with any of the goods included on this contract.

· Metropolitan Areas shall be 8x5x8 NBD onsite – Eight (8) hours, typically 8:00 am to 5:00 pm, Pacific Time, five (5) days a week, Monday through Friday, eight (8) hour Next Business Day onsite response time in metropolitan areas, excluding State holidays.

· Non-Metropolitan Areas shall be 8x5x2 (two (2) hour call back response time, excluding State holidays.) Remediation shall be underway within 48 hours.

Metropolitan Areas Counties

San Mateo Cities

Contractor shall provide corrected warranty services during “off” hours at an hourly rate. See Attachment A – Contract Pricing for the off-hours pricing.

SERVICE LEVEL AGREEMENT

The system shall provide uptime at 99.9% per month per Attachment C – CHP Statement of Work, Section 15 Service Level Agreement. When the uptime requirement has not been met, service credits are the State’s primary remedy for any performance or availability issues. In the event of cloud service outage, the State or local agency will be provided with cloud subscription service credit commensurate to the daily service charge for the consumption of said services.

The basis of the credit is the 99.99% cloud systems and data availability requirements. This translates into the following allowed downtime monthly:

Monthly Uptime Percentage: The Monthly Uptime Percentage is calculated using the following formula:

Where downtime is measured in user-minutes; that is, for each month, downtime is the sum of the length (in minutes) of each incident that occurs during that month multiplied by the number of users impacted by that Incident.

Service Credit:

Example Using a scenario of a subscription service of $100 per device per month given 2,800 accounts the total monthly user minutes included in the subscription are 43,800.

Coban Command Center includes tools for monitoring of the cloud services. Outages are logged and reported and can be incorportated into a notification service. Outages outside the automated detection can also be reported via phone, email, or web portal. Any credits given will be aggregated monthly and will be applied toward an active cluld subscription on the next annual billing cycle.

RECYCLED CONTENT

There is no recycled content associated with this contract.

SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION

The Small Business (SB) and Disabled Veteran Business Enterprise (DVBE) certifications and percentages for the Contractor and subcontractor(s) are listed below. State departments can verify that the certifications are currently valid at the following website: www.caleprocure.ca.gov

Percent (%)

DVBE

Percent (%)

State departments must identify subcontractor on individual purchase documents whenever subcontractor has been identified.

The Contractor has committed to SB participation at total statewide contract levels of 3% respectively.

Individual orders may have no applicable participation or may have participation greater than that of the total contract commitment. Ordering agencies must verify the participation amount with the Contractor. The exact participation percentage levels for each purchase order will be determined on an order-by-order basis in cooperation with the Contractor prior to submittal of a Purchasing Authority Purchase Order (STD 65).

The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor certifications and CUF during the solicitation evaluation process. As a result, when executing purchase documents pursuant to this contract it is not necessary for State departments operating under statewide contract purchasing authority to request the completion of a Bidder Declaration document or perform additional CUF analysis. The department should make a notation of this within their procurement file.

Any irregularities or concerns regarding prime or SB/DVBE sub-contractor responsibilities are to be immediately documented and reported to the State’s contract administrator for further investigation. Information provided to the State’s contract administrator includes, but is not limited to:

· Copy of executed purchase document

· Value-added service description

· Work performance issue or concern

· Department contact name, email, and phone number Departments may request from the Contractor a monthly report providing the SB/DVBE participation levels on purchase orders.

VETTED FORMS/CERTIFICATIONS

The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor forms, certifications, and compliance to performing a commercially useful function (CUF) during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to conduct a CUF evaluation or request the completion of the following required certifications and forms:

State departments should make a notation of this within their procurement file.

*GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) PROCUREMENT PROCEDURES

GenAI contract provisions (rev. 2/20/2025) have been incorporated into the contract. Contractor does not intend to utilize GenAI as a deliverable. If GenAI is disclosed by the Contractor, state departments must follow the required GenAI purchase procedures outlined in SCM Vol.2, Chapter 23, Generative Artificial Intelligence.*

ATTACHMENTS

Attachment A – Contract Pricing, Revised 2/10/2023 Attachment B – WMVARS Specification Attachment C – CHP Statement of Work Attachment D – WMVARS Accessory Catalog image1.jpeg