HomeMy WebLinkAboutReg 2023-04-17 Item 4F - Contract - Automated License Plate Readers with Flock Group for $200,000COUNCIL AGENDA SYNOPSIS
A.41,----- Initials
ITEM No.
44,
Meeting Date
Prepared by
Mayor's review
Council review
Q l
o
4/17/23
ESL
4.F.
2906
ITEM INFORMATION
STAFF SPONSOR: ERIC LUND
ORIGINAL AGENDA DATE: 4/17/23
AGENDA ITEM TITLE Flock Safety Contract
CATEGORY ❑ Discussion
Mfg Date
A Motion
Mtg Date 4/17/23
❑ Resolution
Meg Date
❑ Ordinance
Meg Date
❑ Bid Award
Mfg Date
❑ Public Hearing
Meg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R
11
Police ❑ PW
SPONSOR'S Flock Safety provides license plate readers that have been installed in 26 locations in
SUMMARY Tukwila. The cameras take still photographs of the rear of vehicles as they pass by. The
license plate number is checked against the national NCIC database related to stolen
vehicles, missing persons, Amber Alerts, warrant subjects, etc. The Council is being asked
to authorize the Mayor to sign a 2 -year contract up to $200,000 and consider this item on
the consent agenda at the 4/17/23 Regular Meeting.
REVIEWED BY ❑ Trans&infrastructure Svcs 1
❑ LTAC ❑
DATE: 4/10/23
Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: ABDI
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE Unanimous approval; Forward to Regular Meeting Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$143,500 $144,000 $0
Fund Source: POLICE DEPARTMENT BUDGET
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
4/17/23
MTG. DATE
ATTACHMENTS
4/17/23
Informational Memorandum dated 4/4/23
Flock Camera Agreement
Flock Apprehension Data
Device Map
Minutes from the 4/10 Community Services & Safety Committee
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Commitee
FROM: Eric Dreyer, Chief of Police
BY: Eric Lund, Deputy Chief of Police
CC: Mayor Ekberg
DATE: April 4, 2023
SUBJECT: Flock Safety Contract
ISSUE
This memorandum is an update to the progress and statistics related to the Flock Safety LPR
(License Plate Reader) System and a request to authorize the Mayor to sign the contract with
Flock Safety. This topic was discussed with this committee at the April 11, 2022 meeting when
the planning began. After completing the permit process with the city, installation was finally
completed at the end of January 2023. The department has been using the system since that
time and the 2 -month demonstration period has concluded.
BACKGROUND
Flock Safety provides license plate readers that have been installed in 26 locations throughout
the city. The cameras are very small and are powered by a solar panel. The cameras take still
photographs of the rear of vehicles as they pass by. The license plate number is checked
against the national NCIC database related to stolen vehicles, missing persons, Amber Alerts,
warrant subjects, etc. When a license plate matches a "hit" from the NCIC database, the camera
send out a real-time alert to all officers that a wanted vehicle has just past by a specific location
and officers can respond to the area in an attempt to locate the vehicle and take the appropriate
law enforcement action. The data can also be used during investigations to obtain evidence of
other crimes.
ALPR's are not used for traffic enforcement and data is not stored beyond 30 days. The data
does not contain any Personally Identifiable Information.
Transparency to the community is important for the police department. Flock includes a
"Transparency Portal" that allows the department to audit searches. All searches must include a
case number when looking for evidence, and a crime has already been committed. The
Transparency Portal is live at https://transparency.flocksafety.com/tukwila-wa-pd.
DISCUSSION
Flock Safety cameras have been very effective in increasing the recovery of stolen vehicles,
deterring crime, and apprehending subjects for criminal activity. Data has shown that there has
been a significant increase in recovering stolen vehicles. The cameras were installed late in
January 2023. In February and March, officers have recovered more stolen cars than the
amount that have been reported stolen.
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INFORMATIONAL MEMO
Page 2
Jan
2022
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Jan
2023.
Feb
Mar
Stolen
Recovered Percentage
97
72
74%
93
71
76%
91
50
55%
84
64
76%
77
63
82%
61
49
30%
64
54
84%
55
44
80%
65
42
65%
35
70
82%
89
45
51%
68
58
35%
64
v-
84%
45
6`
138%
52.
661
117%
This system has also been very valuable in obtaining evidence of serious crimes, not only in
Tukwila, but with our regional partners. Just recently, a Tukwila detective was able to obtain
valuable video evidence for a murder investigation from a neighboring jurisdiction. The search
began by using Flock and pointed the detective to a business that had video surveillance of the
suspects prior to the violent crime being committed. This evidence was described as "extremely
valuable" by the investigating agency.
FINANCIAL IMPACT
The cost per camera is $2,500 per camera per year. The department currently has 26 cameras
in service. The total cost for year 1 is $75,000, which includes $6,500 professional services and
set up fee. The recurring costs for following years will be $68,500 per year.
The police department planned for this expense and the expense was approved during the
2023-2024 budget process.
RECOMMENDATION
The Council is being asked to authorize the Mayor to sign the 2 -year contract up to $200,000.00
and consider this item on the consent agenda at the April 17th, 2023 Regular Meeting.
ATTACHMENTS
Flock Camera Agreement
Flock Apprehension Data
Device Map
REFERENCE
April 11, 2022 CSS Minutes
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Police/Informational Memorandum (Info Memo).docx
f`ock safety
FLOCK GROUP INC.
SERVICES AGREEMENT
ORDER FORM
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. ("Flock") and
the customer identified below ("Customer") (each of Flock and Customer, a "Party"). This order form ("Order Form")
hereby incorporates and includes the "GOVERNMENT AGENCY CUSTOMER AGREEMENT" attached (the "Terms") which describe and
set forth the general legal terms governing the relationship (collectively, the "Agreement"). The Terms contain, among other
things, warranty disclaimers, liability limitations and use limitations.
The Agreement will become effective when this Order Form is executed by both Parties (the "Effective Date").
Customer: WA - Tukwila PD Contact Name: Eric Lund
Address15005 Tukwila Intl Blvd Phone: 2064331821
Tukwila, Washington 98188
Expected Payment Method:
Initial Term: 24.00
Renewal Term: 24 Months
E -Mail:
e.lund@tukwilawa.gov
Billing Contact:
(if different than above)
Pilot period: First 60 days of Initial Term; option to cancel contract
at no cost. Initial Term invoice due after Pilot period.
Billing Term: Annual payment due Net 30 per terms and
conditions
Name
Price
QTY
Subtotal
Flock Safety Advanced Search 25-49 Falcons
$3,500.00
1.00
$3,500.00
Flock Falcon Camera
$2,500.00
26.00
$65,000.00
Professional Services - Falcon, Standard
Implementation
$250.00
26.00
$6,500.00
(Includes one-time fees)
Year 1 Total: $75,000.00
Recurring Total: $68,500.00
{EFM2578746.DOCX;2/13175.000001/ } Flock Group Inc.
This proposal expires in 30 days.
Order Form
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flock safety
By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and
conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.
Flock Group Inc Customer:
By: By:
Name: Name:
Title: Title:
Date: Date:
{EFM2578746.DOCX;2/13175.000001/ } Flock Group Inc.
74 This proposal expires in 30 days.
Order Form
frock safety
GOVERNMENT AGENCY AGREEMENT
This Government Agency Agreement (this "Agreement") is entered into by and between Flock Group, Inc.
with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 ("Flock") and the police
department or government agency identified in the signature block of the order form ("Agency") (each a "Party,"
and together, the "Parties").
RECITALS
WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through
Flock's technology platform (the "Flock Service"), and upon detection, the Flock Services are capable of capturing
audio, image, and recordings data of suspected vehicles ("Footage") and can provide notifications to Agency upon
the instructions of Non -Agency End User ("Notifications");
WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or
Flock provided Hardware (as defined below) in order to create, view, search and archive Footage and receive
Notifications, including those from non -Agency users of the Flock Service (where there is an investigative or bona
fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users;
WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, Agency is responsible for
extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for
prosecutorial/administrative purposes; and
WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the
terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide
investigations by police departments, and archiving for evidence gathering ("Purpose").
AGREEMENT
NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals
into this Agreement.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this
Section 1.
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1.1 "Agency Data" will mean the data, media and content provided by Agency through the Services. For the
avoidance of doubt, the Agency Data will include the Footage.
1.2. "Agency Hardware " shall mean the third -party camera owned or provided by Agency and any other physical
elements that interact with the Embedded Software and the Web Interface to provide the Services. The term
"Agency Hardware" excludes the Embedded Software
1.3 `Authorized End User(s)" shall mean any individual employees, agents, or contractors of Agency accessing or
using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.
1.4 "Documentation" will mean text and/or graphical documentation, whether in electronic or printed format, that
describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance
with the terms of this Agreement.
1.5 "Embedded Software" will mean the software and/or firmware embedded or preinstalled on the Agency
Hardware.
1.6 "Flock IP" will mean the Services, the Documentation, the Embedded Software, the Installation Services, and
any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in
connection with the foregoing.
1.7 "Footage" means still images captured by the Agency Hardware in the course of and provided via the Services.
1.8 "Hardware" or "Flock Hardware" shall mean the Flock cameras or device, pole, clamps, solar panel,
installation components, and any other physical elements that interact with the Embedded Software and the Web
Interface to provide the Flock Services. The term "Hardware" excludes the Embedded Software.
1.9 "Implementation Fee(s)" means the monetary fees associated with the Installation Services, as defined in
Section 1.10 below.
1.10 "Installation Services" means the services provided by Flock including any applicable installation of
Embedded Software on Agency Hardware.
1.11 "Non Agency End User(s)" shall mean any individual, entity, or derivative therefrom, authorized to use the
Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar)
of this Agreement.
1.12 "Services" or "Flock Services" means the provision, via the Web Interface, of Flock's software application for
automatic license plate detection, searching image records, and sharing Footage.
1.13 "Support Services" shall mean Monitoring Services, as defined in Section 2.9 below.
1.14 "Unit(s)" shall mean the Agency Hardware together with the Embedded Software.
1.15 "Usage Fee" means the subscription fees to be paid by the Agency for ongoing access to Services.
1.16 "Web Interface" means the website(s) or application(s) through which Agency and its Authorized End Users
can access the Services in accordance with the terms of this Agreement.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive,
non -transferable right to access the features and functions of the Services via the Web Interface during the Service
Term (as defined in Section 6.1 below), solely for the Authorized End Users. The Footage will be available for
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Agency 's designated administrator, listed on the order form, and any Authorized End Users to access via the Web
Interface for thirty (30) days. Authorized End Users will be required to sign up for an account and select a password
and username ("User ID"). Flock will also provide Agency with the Documentation to be used in accessing and
using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or
omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement,
shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all
Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User's use of
the Services, and shall cause Authorized End Users to comply with such provisions. Flock may use the services of
one or more third parties to deliver any part of the Services, including without limitation using a third party to host
the Web Interface which makes the Services available to Agency and Authorized End Users. Warranties provided by
said third party service providers are the Agency's sole and exclusive remedy and Flock's sole and exclusive
liability with regard to such third -party services, including without limitation hosting the web interface. Agency
agrees to comply with any acceptable use policies and other terms of any third -party service provider that are
provided or otherwise made available to Agency from time to time.
2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-
exclusive, non -transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the
Embedded Software as installed on the Hardware or Agency Hardware; in each case, solely as necessary for Agency
to use the Services.
2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-
exclusive, non -transferable right and license to use the Documentation during the Service Term to Agency's in
connection with its use of the Services as contemplated herein, and under Section 2.4 below.
2.4 Usage Restrictions.
a. Flock IP. The purpose for usage of the Unit, Documentation, Services, support, and Flock IP are solely
to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government
agency and not for tracking activities that the system is not designed to capture ("Permitted Purpose"). Agency will
not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile,
disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software
component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the
source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Agency
acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such
source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any
of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (iv) interfere
or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove,
obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of
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the Services or Flock IP; (vi) use the Services, support, Unit, Documentation or the Flock IP for anything other than
the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as
security or otherwise encumber, Agency's rights under Sections 2.1, 2.2, or 2.3.
b. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that
title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Agency is not permitted to
remove, reposition, re -install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware.
Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event
Agency is found to engage in any of the restricted actions of this Section 2.4(b), all warranties herein shall be null
and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material
breach by Agency.
2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock
and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency
acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by
this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in
Flock's sole discretion. There are no implied rights.
2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend
Agency's and any Authorized End User's access to any portion or all of the Flock IP or Flock Hardware if (i) Flock
reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency's or any Authorized End
User's use of the Flock IP disrupts or poses a security risk to the Flock IP or any other agency or vendor of Flock;
(c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock's
provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (e) any vendor of
Flock has suspended or terminated Flock's access to or use of any third party services or products required to enable
Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including, but not limited to,
utilizing the Services for anything other than the Permitted Purpose (each such suspension, in accordance with this
Section 2.6, a "Service Suspension"). Flock will make commercially reasonable efforts, circumstances permitting,
to provide written notice of any Service Suspension to Agency (including notices sent to Flock's registered email
address) and to provide updates regarding resumption of access to the Flock IP following any Service Suspension.
Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably
possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage,
liabilities, losses (including any loss of data or profits) or any other consequences that Agency or any Authorized
End User may incur as a result of a Service Suspension. To the extent that the Service Suspension is not caused by
Agency's direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be
tolled by the duration of any suspension (for any continuous suspension lasting at least one full day) prorated for the
proportion of cameras on the Agency 's account that have been impacted.
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2.7 Installation Services.
2.7.1 Designated Locations. For installation of Flock Hardware, prior to performing the physical installation
of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image
capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and
angle of the Units (each Unit location so designated by Agency, a "Designated Location"). Flock shall have final
discretion on location of Units. Flock shall have no liability to Agency resulting from any poor performance,
functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due
to Agency's delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for
installation including having all electrical work preinstalled and permits ready, if necessary. The deployment plan will
confirm the Designated Location. Except as provided for in Section 2.7.2 and 2.9 below, after initial installation, any
subsequent changes to the deployment plan ("Reinstalls") will incur a charge for Flock's then -current list price for
Reinstalls, as listed in the then -current Reinstall Policy (available at https://www.flocksafety.com/reinstall-fee-
schedule) and any equipment charges. These changes include but are not limited to camera re -positioning, adjusting
of camera mounting, re -angling, removing foliage, camera replacement, changes to heights of poles, regardless of
whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like.
Flock shall have full discretion on decision to reinstall Flock Hardware.
2.7.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and
near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the
installation work. Although the Units are designed to utilize solar power, certain Designated Locations may require a
reliable source of 120V AC power, as described in the deployment plan. In the event adequate solar exposure is not
available, Agency is solely responsible for providing a reliable source of 120V AC power to the Units, if necessary.
Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process
of installation of cameras or AC power; (ii) any federal, state or local taxes including property, license, privilege,
sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured
by or imposed upon or with respect to the installation of the Hardware, its use (excluding tax exempt entities), or (iii)
any other supplementary cost for services performed in connection with installation of the Hardware, including but
not limited to contractor licensing, engineered drawings, rental of specialized equipment or vehicles, third -party
personnel (i.e. Traffic Control Officers, Electricians, State DOT -approved poles, etc., if necessary), such costs to be
approved by the Agency ("Agency Installation Obligations") prior to Flock installing the Hardware and Unit. In the
event that a Designated Location for a Unit requires permits, Flock will provide the Agency with a temporary alternate
location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate
the Units from the temporary alternate location to the permitted location at no additional cost. Flock will provide
options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency
agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension
period of Flock Services due to low solar. Flock will make all reasonable efforts within their control to minimize
suspension of Flock Services. Without being obligated or taking any responsibility for the foregoing, Flock may pay
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and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third
party requires Flock to pay. Flock is not responsible for installation of Agency Hardware.
2.7.3 Flock's Obligations. Installation of any Flock Hardware shall be installed in a workmanlike manner in
accordance with Flock's standard installation procedures, and the installation will be completed within a reasonable
time from the time that the Designated Locations are confirmed. Following the initial installation of the Hardware and
any subsequent Reinstalls or maintenance operations, Flock's obligation to perform installation work shall cease;
however, for the sole purpose of validating installation, Flock will continue to monitor the performance of the Units
for the length of the Term and will receive access to the Footage for a period of three (3) business days after the initial
installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality
control. Agency understands and agrees that the Flock Services will not function without the Hardware. Labor may
be provided by Flock or a third party. Flock is not obligated to install, reinstall, or provide physical maintenance to
Agency Hardware.
2.7.4 Security Interest. Flock Hardware shall remain the personal property of Flock and will be removed
upon the natural expiration of this Agreement at no cost to Agency. Agency shall not perform any acts which would
interfere with the retention of title of the Hardware by Flock. Should Agency default on any payment of the Flock
Services, Flock may remove Hardware at Flock's discretion. Such removal, if made by Flock, shall not be deemed a
waiver of Flock's rights to any damages Flock may sustain as a result of Agency's default and Flock shall have the
right to enforce any other legal remedy or right.
2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock's price for its services under this
Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions,
including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are
discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have
the right to cease work immediately in the area affected until such materials are removed or rendered harmless.
2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock
Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the
Designated Locations which may improve the performance or functionality of the Services or may improve the quality
of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to
any alterations to or changes of the Services or the Designated Locations ("Monitoring Services"). If Flock determines
that a relocation of a Unit from the original Designated Location is suitable, the reinstallation shall occur at no cost to
the City. Subject to the terms hereof, Flock will provide Agency with reasonable technical and on-site support and
maintenance services ("On -Site Services") in-person or by email at support@flocksafety.com. Flock will use
commercially reasonable efforts to respond to requests for support.
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2.10 Special Terms. From time to time, Flock may offer certain "Special Terms" related to guarantees, service and
support which are indicated in the proposal and on the order form and will become part of this Agreement, upon
Agency's written consent. To the extent that any terms of this Agreement are inconsistent or conflict with the
Special Terms, the Special Terms shall control.
2.10 Changes to Platform. Flock may, in its sole discretion, make any changes to any system or platform that it
deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock's products or services to the
Agency, (b) the competitive strength of, or market for, Flock's products or services, (c) such platform or system's
cost efficiency or performance, or (ii) to comply with applicable law. If any such change results in a detrimental
impact to the Agency, the Agency shall have the option to either: (1) terminate this Agreement and receive a pro -
rata refund of any pre -paid fees to -date, or (2) request a credit for payment of future fees.
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Agency Obligations. Flock will assist Agency End -Users in the creation of a User ID. Agency agrees to
provide Flock with accurate, complete, and updated registration information. Agency End -Users may not select as
its User ID a name that the Agency End -User does not have the right to use, or another person's name with the intent
to impersonate that person. Agency and Agency End -Users may not transfer their account to anyone else without
prior written permission of Flock. Agency will not share its account or password with anyone, and must protect the
security of its account and password. Agency is responsible for any activity associated with its account. Agency
shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access
or otherwise use the Services. Agency will provide reasonable assistance to Flock, including, but not limited to, by
means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel, to the
limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations
hereunder, including, without limitation, any obligations with respect to Support Services or any Installation
Services.
3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use
the Services only in compliance with this Agreement and all applicable laws and regulations, including but not
limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock has no
obligation to monitor the illegal use of cameras, damaging of cameras, removal of cameras, passing along login
information, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in
violation of the foregoing.
4. CONFIDENTIALITY; AGENCY DATA
4.1 Confidentiality. To the extent allowable by applicable FOIA and state -specific Public Records Acts, each Party
(the "Receiving Party") understands that the other Party (the "Disclosing Party") has disclosed or may disclose
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business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as
"Proprietary Information" of the Disclosing Party). Proprietary Information of Flock includes any record Flock has
marked as "Confidential". Proprietary Information of Agency includes non-public data provided by Agency to
Flock or collected by Flock via the Unit, including the Footage, to enable the provision of the Services, which
includes but is not limited to geolocation information and environmental data collected by sensors built into the
Units ("Agency Data"). The Receiving Party agrees: (i) to take the same security precautions to protect against
disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary
information, but in no event will a party apply less than reasonable precautions to protect such Proprietary
Information, and (ii) not to use (except in performance of the Services or as otherwise required to state or Federal
law or by court order) or divulge to any third person any such Proprietary Information. Flock's use of the
Proprietary Information may include processing the Proprietary Information to send Agency alerts, such as when a
car exits Agency 's neighborhood, or to analyze the data collected to identify motion or other events. The
Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party
can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to
receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was
independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this
Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or
governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such
disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law
enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good
faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal
process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect,
prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock,
its users, a third party, or the public as required or permitted by law, including respond to an emergency situation.
Agency hereby expressly grants Flock a non-exclusive, worldwide, perpetual, royalty -free right and license (during
and after the term hereof) to disclose the Agency Data (inclusive of any Footage) to enable law enforcement
monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for
investigative purposes only. Flock may store deleted Footage in order to comply with certain legal obligations but
such retained Footage will not be retrievable without a valid court order.
4.2 Agency Data. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are
retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty -free, worldwide license
to use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to
provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.9
above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty -free, fully paid license to use, reproduce,
modify and distribute the Agency Data as a part of the Aggregated Data (as defined in Section 4.4 below). As
between Agency and Non -Agency End Users that have prescribed access of Footage to Agency, each of Agency and
Non -Agency End Users will share all right, title and interest in the Non -Agency End User Data. This Agreement
{EFM2578746.DOCX;2/13175.000001/ }
does not by itself make any Non -Agency End User Data the sole property or the Proprietary Information of Agency.
Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view,
save and/or transmit Footage to the relevant government agency prior to its deletion.
4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or
other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and
representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or
resulting from any of the foregoing.
4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to
collect and analyze data that does not refer to or identify Agency or any individuals or de -identifies such data and
other information relating to the provision, use and performance of various aspects of the Services and related
systems and technologies (including, without limitation, information concerning Agency Data and data derived
therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any
personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or aggregated
data based on Agency Data input into the Services (the "Aggregated Data") and Flock acknowledges and agrees that
it is solely responsible and liable for conducting such anonymization and de -identification of Agency Data. Agency
hereby grants Flock a non-exclusive, worldwide, perpetual, royalty -free right and license (during and after the
Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the Services and for
other development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts, and (ii)
disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring against law
enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only.
No rights or licenses are granted except as expressly set forth herein. Flock shall not sell Agency Data or
Aggregated Data.
5. PAYMENT OF FEES
5.la Wing Fees. For Wing products, the Agency will pay Flock the first Usage Fee and the Implementation Fee (as
described on the Order Form attached hereto, together the "Initial Fees") as set forth on the Order Form on or
before the 30th day following the Effective Date of this Agreement. Flock shall have no liability resulting from any
delay by the Agency in installing the Embedded Software on the Agency Hardware. If applicable, Agency shall pay
the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in
advance of each payment period. All payments will be made by either ACH, check, or credit card.
5.1b Falcon Fees. For Falcon products during the Initial Term, Agency will pay Flock fifty percent (50%) of the
first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form attached hereto,
together the "Initial Fees") as set forth on the Order Form on or before the 30th day following receipt of initial
invoice after Effective Date. Upon commencement of installation, Flock will issue an invoice for twenty-five
percent (25%) of the Initial Fees, and Agency shall pay on or before 30th day following receipt of invoice. Upon
completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before
30th day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and
until the first payment has been made and shall have no liability resulting from any delay related thereto. For a
{EFM2578746.DOCX;2/13175.000001/ }
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Renewal Term, as defined below, Agency shall pay the entire invoice on or before the 30th day following receipt of
invoice.
5.2 Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges
and fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days' prior written notice to the end of
such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that
Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date
on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.
Inquiries should be directed to Flock's Agency support department. Agency acknowledges and agrees that a failure
to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a
result of such billing error.
5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for
invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice.
If Agency is a non -tax exempt entity, Agency shall be responsible for all taxes associated with Services other than
U.S. taxes based on Flock's net income.
6. TERM AND TERMINATION
6.1a Wing Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the
period of time set forth on the Order Form (the "Initial Term"). The Term shall commence upon execution of this
Agreement. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will
automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order
Form (each, a "Renewal Term", and together with the Initial Term, the "Service Term") unless either party gives
the other party notice of non -renewal at least thirty (30) days prior to the end of the then -current term.
6.1b Falcon Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for
the period of time set forth on the Order Form (the "Initial Term"). The Term shall commence upon first installation
and validation of a Unit. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement
will automatically renew for successive renewal terms for the length set forth on the Order Form (each, a "Renewal
Term", and together with the Initial Term, the "Service Term") unless either party gives the other party written
notice of non -renewal at least thirty (30) days prior to the end of the then -current term.
6.2 Termination for Convenience. At any time during the agreed upon Term, an Agency not fully satisfied with the
service may self -elect to terminate this Agreement for convenience. Termination for convenience will result in a
one-time fee of $500 per Flock Hardware. Upon termination for convenience, a refund will be provided for Falcon
Cameras, prorated for any fees for the remaining Term length set forth previously. Agency will remain liable to pay
the full outstanding fees for any Wing product on the effective date of termination of that Order Form. Flock will
invoice, and Agency will pay, any unbilled fees and any unpaid fees covering the remainder of the term of that
Order Form had it not been terminated. Termination for convenience of the Agreement by the Agency will be
effective immediately. Flock will provide advanced written notice and remove all Flock Hardware at Flock's own
convenience, within a commercially reasonable period of time upon termination.
{EFM2578746.DOCX;2/13175.000001/ }
6.3 Termination. Notwithstanding the termination provisions in Section 2.4(b), in the event of any material breach
of this Agreement, the non -breaching party may terminate this Agreement prior to the end of the Service Term by
giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not
terminate if the breaching party has cured the breach prior to the expiration of such thirty (30) day period. Either
party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of
insolvency, receivership or bankruptcy proceedings, (ii) upon the other party's making an assignment for the benefit
of creditors, or (iii) upon the other party's dissolution or ceasing to do business. Upon termination for Flock's
material breach, Flock will refund to Agency a pro -rata portion of the pre -paid fees for Services not received due to
such termination.
6.5 No -Fee Term. For the Term of this Agreement, Flock will provide Agency with complimentary access to `hot -
list' alerts, which may include 'hot tags', stolen vehicles, Amber Alerts, etc. ("No -Fee Term"). In the event a Non -
Agency End User grants Agency access to Footage and/or Notifications from a Non -Agency End User Unit, Agency
will have access to Non -Agency End User Footage and/or Notifications until deletion, subject to the thirty (30) day
retention policy. Non -Agency End Users and Flock may, in their sole discretion, leave access open. The No -Fee
Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine not to provide additional
No -Fee Terms or can impose a price per No -Fee Term upon forty-five (45) days' notice. Agency may terminate any
No -Fee Term or access to future No -Fee Terms upon thirty (30) days' notice.
6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to any accrued rights to
payment), 5.4, 6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5.
7. REMEDY; WARRANTY AND DISCLAIMER
7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a "Defect"), Agency must
notify Flock's technical support as described in Section 2.9 above. If Flock is unable to correct the Defect, Flock
shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering
from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of
remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test
shall occur within seventy-two (72) hours after Agency notifies the Flock of a known Defect. In the event of a
Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or
damaged, Agency may request that Flock replace the Unit at a fee according to the then -current Reinstall Policy
(https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost,
damaged or stolen Units, however, Agency understands and agrees that functionality, including Footage, will be
materially affected due to such subsequently lost, damaged or stolen Units and that Flock will have no liability to
Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted.
Flock is under no obligation to replace or repair Hardware.
7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency is found to have misused the
Flock Hardware, Agency Hardware or Embedded Software in any manner.
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7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the
Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation
Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean
and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for
unscheduled emergency maintenance, either by Flock or by third -party providers, or because of other causes beyond
Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail
of any scheduled service disruption.
7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY 'S SOLE REMEDY, AND
FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. THE FLOCK
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED
"AS IS" AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE
GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.5.
7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably
commensurate with the magnitude of Flock's business risk. Certificates of Insurance can be provided upon request.
7.6 Force Majeure. Flock is not responsible nor liable for any delays or failures in performance from any cause
beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist
acts, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes,
weather conditions or acts of hackers, interne service providers or any other third party or acts or omissions of
Agency or any Authorized End User.
8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY
8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, PARTIES AND ITS
SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),
OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE
RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR
TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE
OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR
COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF
BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES; (C) FOR ANY MATTER BEYOND PARTY'S ACTUAL KNOWLEDGE OR REASONABLE
CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR
IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC
DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME
{EFM2578746.DOCX;2/13175.000001/ }
PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH
ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE
SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR
OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY,
AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF
LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF
THE STATE MENTIONED IN SECTION 10.5,.
8.2 Additional No -Fee Term Requirements. IN NO EVENT SHALL FLOCK'S AGGREGATE LIABILITY, IF
ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO -FEE TERM AS
DESCRIBED IN SECTION 6.5 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties
acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No -Fee Term
described in Section 6.5 and limit potential liability given the aforementioned complimentary service, which would
have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has
relied on these limitations in determining whether to provide the complimentary No -Fee Term. The limitations set
forth in this Section 8.2 shall not apply to claims or damages resulting from Flock's other obligations under this
Agreement.
8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and
omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official
duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own
officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims
or actions against Flock's suppliers.
8.4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities,
settlements and expenses in connection with any claim or action that arises from: (i) an alleged violation of Section
3.2, (ii) a breach of this Agreement, (iii) Agency's Installation Obligations, (iv) Agency's sharing of any data in
connection with the Flock system, Flock employees or agent or Non -Agency End Users, or (v) Agency's use of the
Services, Flock Hardware, Agency Hardware and any Embedded Software. Although Flock has no obligation to
monitor Agency's use of the Services, Flock may do so and may prohibit any use of the Services it believes may be
(or alleged to be) in violation of Section 3.2 or this Agreement.
9. RECORD RETENTION
9.1 Data Preservation. The Agency agrees to store Agency Data in compliance with all applicable local, state and
federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of
Agency's consideration for paid access and no -fee access to the Flock System, to the extent that Flock is required by
local, state or federal law to preserve the Agency Data, Flock will notify Agency of the requirement and applicable
{EFM2578746.DOCX;2/13175.000001/ }
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retention period, and Agency agrees to preserve and securely store this data on Flock's behalf so that should Flock
be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand.
10. MISCELLANEOUS
10.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and
effect and enforceable.
10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by either party except with the
other party's prior written consent.
10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then -current Reinstall Policy
(https://www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s), are the complete and exclusive
statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral
agreements, communications and other understandings relating to the subject matter of this Agreement, and that all
waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. None of
Agency's purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such
conflicting terms are expressly rejected.
10.4 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement
and Agency does not have any authority of any kind to bind Flock in any respect whatsoever.
10.5 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is
located (Washington). The parties hereto agree that venue would be proper in the chosen courts of Washington. The
parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from
this Agreement.
10.6 Publicity. Upon prior consent from Agency, Flock has the right to reference and use Agency's name and
trademarks and disclose the nature of the Services provided hereunder in each case in business and development and
marketing efforts, including without limitation on Flock's website.
10.7 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock
IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the
United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets
Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Services,
the Hardware, the Embedded Software and Documentation are "commercial items" and according to DFAR section
{EFM2578746.DOCX;2/13175.000001/ }
252.2277014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software
documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification,
reproduction, release, performance, display, or disclosure of such commercial software or commercial software
documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be
prohibited except to the extent expressly permitted by the terms of this Agreement.
10.8 Headings. The headings are merely for organization and should not be construed as adding meaning to the
Agreement or interpreting the associated Sections.
10.09 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and
have the authority to sign on behalf of and bind the organizations and individuals they are representing.
10.10 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given
when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-
mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt,
if sent by certified or registered mail, return receipt requested.
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flock safety
EXHIBIT A
Statement of Work
Installation of Flock Camera on existing pole or Flock -supplied pole if required
{EFM2578746.DOCX;2/13175.000001/ } Flock Group Inc.
This proposal expires in 30 days.
Order Form
Case Number Disposition Approx. Value Guns Drugs Plate State Notes Last Updated
230001848 Apprehended washington Data Entry error from OSA 2023-03-31T23:36:40.955Z
Apprehended arizona 2023-03-28T03:05:54.579Z
230001744 Apprehended 15000 washington 1 arrest 2023-03-31T22:45:19.707Z
230001698 Apprehended 20000 washington 1 juvenile arrest. Hit & Run, Eluding, PSV, Resisting Arrest, Assault 3, Escape 2 2023-03-31T22:47:09.097Z
2300001690 Apprehended 15000 washington 2023-03-24T19:40:35.087Z
Two arrests. Classic USB hotwire job on ignition. Vehicle fled from King County hours earlier. Unknown if suspects arrested in Tukwila were same suspects
230001651 Apprehended 10000 Pills washington from King County eluding case. 2023-03-22T23:40:30.574Z
Not Apprehended Oregon 2023-03-20T22:08:24.505Z
230001563 Apprehended 6000 washington 2023-03-31T22:48:22.748Z
Apprehended washington 2023-03-17T23:36:29.200Z
Apprehended washington 2023-03-17T02:10:59.8072
Apprehended washington both plates on original owners vehicle. removed from system 2023-03-17T01:45:10.573Z
Apprehended washington 2 detained, vehicle returned to owner 2023-03-16723:33:05.397Z
230001505 Apprehended 5000 washington 1 arrest and release 2023-03-31T22:54:16.550Z
230001481 Apprehended 16000 washington 2023-03-31T22:56:25.494Z
Not Apprehended washington fled then 3 people jumped out in middle of street out of the vehicle 2023-03-12T05:23:01.923Z
Two stolen vehicle recovered
230001308 Apprehended 30000 washington One suspect in custody. 2023-03-07T08:03:15.753Z
Not Apprehended washington 2023-03-06T00:20:14.540Z
Not Apprehended washington 2023-03-05T22:11:37.325Z
Not Apprehended washington 2023-03-05T16:42:27.146Z
No arrest
230001177 Apprehended 3000 washington 2023-02-28T23:52:06.748Z
Not Apprehended california 2023-02-28T06:03:43.077Z
230001153 Apprehended 6000 washington no arrests 2023-02-28T01:27:13.636Z
Juve suspect incustody
230001156 Apprehended 20000 2 washington 2 guns recovered 2023-02-28701:24:49.2402
230001150 Apprehended 15000 washington No arrest 2023-02-27T19:12:09.797Z
No suspect info
230001115 Apprehended 18000 washington Located N Mall Lot 2023-02-25T22:51:10.771Z
Male in Custody.
230001107 Apprehended 35000 meth florida Vehicle recovered and impounded. 2023-02-25T19:35:28.331Z
Not Apprehended washington fail to stop was driven by a white female who was in a stole vehicle last week and also fled then. 2023-02-24T01:55:58.116Z
Apprehended washington 2023-02-23T01:20:44.647Z
Apprehended oregon 2023-02-21T09:58:35.509Z
Apprehended washington 2023-02-20T12:59:31.996Z
Apprehended california 2023-02-16T23:17:01.152Z
230000921 Apprehended 4000 washington Suspect fled from vehicle 2023-02-16T20:28:48.449Z
Not Apprehended washington 2023-02-15T05:13:16.120Z
Suspect fled from on Saturday 02-11-23 PC felony eluding, PSV
Suspect located today attempted to flee and use vehicle to push patrol vehicle out of his way which failed then ran on foot was arrested booked into KCJ.
230000888 Apprehended 3000 Crystal meth, fentanyl washington Felony warrant for PSV and Bother also had case for PSV and Felony Eluding. 2023-02-15T02:51:12.480Z
230000869 Apprehended 2000 washington 1 detained. Determined to be civil issue 2023-02-14T16:58:11.982Z
Renton PD Apprehended 125000 washington Located vehicle used in assault threats to kill out of Renton PD, Renton PD responded followed the vehicle and took the suspect into cusody. 2023-02-15T02:05:09.742Z
Apprehended washington 2023-02-13T22:45:56.284Z
230000835 Apprehended 1500 washington parked unoccupied 2023-02-14T17:05:59.288Z
230000793 Apprehended 4000 washington no arrest 2023-02-14T17:10:06.936Z
230000790 Apprehended 1 washington license plates only. 2023-02-14T17:07:32.788Z
230000777 Apprehended 4000 washington no arrest 2023-02-14T17:10:58.471Z
230000780 Apprehended 1 washington license plate only 2023-02-14T17:16:26.479Z
230000773 Apprehended 18000 washington 2 arrests 2023-02-14T17:19:12.290Z
23000752 Apprehended 20000 washington 2023-02-08T13:33:48.734Z
230000663 Apprehended 20000 washington 2023-02-06T22:48:43.149Z
230000661 Apprehended 10000 washington 2023-02-06T22:49:50.154Z
Apprehended washington 2023-02-03T01:51:03.942Z
230000657 Apprehended washington 2023-02-06T22:51:24.985Z
230000657 Apprehended washington 2023-02-06T23:11:20.568Z
230000621 Apprehended 6000 washington 2023-02-06T23:13:17.465Z
230000608 Apprehended 20000 washington unoccupied 2023-02-14T17:25:39.648Z
230000357 Apprehended 1 washington license plates 2023-02-14T17:27:01.748Z
230000613 Apprehended 20000 washington 1 arrest 2023-02-14T17:28:23.676Z
Not Apprehended washington 2023-01-31T12:36:34.870Z
230000520 Apprehended 30000 oregon rental no return. 1 detained 2023-02-14T17:35:55.432Z
Not Apprehended washington 2023-01-30T03:18:57.907Z
Not Apprehended washington 2023-01-30T02:30:52.070Z
Apprehended texas 2023-02-O1T21:23:20.735Z
CO Not Apprehended washington 2023-01-29T17:16:42.196Z
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City of Tukwila
City Council Community Services & Safety Committee
Meeting Minutes
April 10, 2023- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present: Mohamed Abdi, Chair; Thomas McLeod, Tosh Sharp
Staff Present:
Laurel Humphrey, Mindi Mattson, Eric Dreyer, Eric Lund
Chair Abdi called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Contract: Automated License Plate Readers
Staff is seeking Council approval of a contract with Flock Group, Inc. for up to $200,000 for two-
year funding of the Automated License Plate Reader program.
Committee Recommendation:
*
Unanimous approval. Forward to April 17, 2023 Regular Consent Agenda.
B. Resolution: Workforce Scheduling Software Interlocal Agreement
Staff is seeking Council approval of a resolution approving an interlocal agreement with
National Purchasing partners to allow PD to contract with a workforce scheduling software
provider.
Committee Recommendation:
Unanimous approval. Forward to April 17, 2023 Regular Consent Agenda.
C. Disaster Preparedness Kit Project
Staff updated the committee on a $28,000 award from the Emergency Management
Preparedness Grant Program to be used to provide disaster preparedness kits for low income
and Limited English Proficiency families in the Tukwila School District.
Committee Recommendation:
Discussion only.
II. MISCELLANEOUS
The meeting adjourned at 6:12 p.m.
MA Committee Chair Approval
Minutes by LH
93