08 Staff Report Flock Safety Agreement with attachments
PREPARED BY: Heather St. John
Senior Administrative Analyst
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/18/2024 ITEM NO: 8
DATE: June 10, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Revised Master Service Agreement
with Flock Safety Group Inc. for Stationary Automated License Plate Readers
(ALPR). in the Amount $255,000 for a Sixty-Month Term and Authorize the
Town Manager to Enter into Amendments as Necessary for up to an
Additional $40,000 for a Total Agreement Not to Exceed $295,000 Over the
Agreement Term.
RECOMMENDATION:
Authorize the Town Manager to execute a revised Master Service Agreement with Flock Safety
Group Inc. for Stationary Automated License Plate Readers (ALPR) in the amount $255,000 for a
sixty-month term and authorize the Town Manager to enter into amendments as necessary for
up to an additional $40,000 for a total agreement not to exceed $295,000 over the agreement
term.
BACKGROUND:
On June 1, 2021, the Town Council approved a two-year pilot program for Flock Safety
Automated License Plate Readers (ALPR). The Police Department identified the Flock system
based on its proven capability to augment traditional Police services in the deterrence,
interruption, and investigation of crime, specifically residential and commercial burglary, in the
Town of Los Gatos. The Flock Safety ALPR camera system is being utilized nationwide and
throughout California.
Since the system became operational in the Town of Los Gatos, it has proven to be an effective
force multiplier for the Los Gatos-Monte Sereno Police Department and other neighboring
PAGE 2 OF 3 SUBJECT: Authorize the Town Manager to Execute a Revised Master Service Agreement with Flock Safety Group Inc. for Stationary Automated License Plate Readers (ALPR) DATE: June 10, 2024
BACKGROUND (continued):
jurisdictions. The Los Gatos-Monte Sereno Police Department has seen positive results in
suppressing crime before it occurs and utilizing the ALPR as an investigative tool to assist with
leads to apprehend criminals and recover key evidence to major crimes. Images captured by
this system can be used to alert Officers in real-time to the location of a stolen vehicle or a
suspect vehicle in a crime, or the system can be used to investigate crimes after they occur,
providing crucial evidence and investigative leads.
The existing Flock ALPR system consists of 17 cameras mounted at key fixed-point locations
throughout the Town, which capture still images of passing vehicles. Collected images are
analyzed by system software in compliance with Criminal Justice Information Systems (CJIS) and
then searchable when linked to an investigative incident by license plate number, state of origin
for the license plate, car color, car make, or car model. The images are stored and available for
law enforcement use for 30 days, and subsequently deleted from the secured retention system.
The Los Gatos-Monte Sereno Police Department provides transparency, accountability, and
integrity on Police activities, Departmental policies, training materials, and agency practices.
Information is available to the public at https://www.losgatosca.gov/2713/Transparency-and-
Data-page.
DISSCUSSION:
In 2021, the Town entered into a two-year agreement term with Flock Safety Group for fifteen
ALPR cameras totaling $78,750. During this two-year agreement, the Town amended the initial
agreement and added two additional cameras in the amount of $11,400 for a total two-year
agreement in the amount of $90,150, for installation and subscription costs.
In 2023, Flock Safety Group increased their subscription pricing structure from $2,500 per
camera to $3,000 per camera annually. To maintain the benefits of the existing technology and
forecast future subscription costs, Flock Safety Group proposed a revised five-year (60-month)
master services agreement in the amount of $255,000 ($51,000 per year) for the existing
seventeen ALPR camera subscription costs.
CONCLUSION:
Staff recommends the Town Council authorize the Town Manager to execute a revised
agreement with Flock Safety Group, Inc. for stationary Automated License Plate Readers
(ALPRs), not to exceed a five-year total agreement amount of $295,000. The purpose of the
PAGE 3 OF 3 SUBJECT: Authorize the Town Manager to Execute a Revised Master Service Agreement with Flock Safety Group Inc. for Stationary Automated License Plate Readers (ALPR) DATE: June 10, 2024
CONCLUSION (continued):
revised Master Service Agreement is to provide the updated fiscal cost per camera which
increased from $2,500 annually per camera to $3,000 annually per camera. This approach
would lock in a 60-month term pricing and avoid potential annual increases.
The Department is seeking additional authority up to $40,000 for the term of the agreement to
offset any unforeseen costs related to equipment replacement, enhanced service capability
adjustments, or modifications to existing technology.
FISCAL IMPACT:
The current Police Department Operating Budget includes $51,000 annual subscription cost for
FY 2023/24. The Adopted FY 2024/25 Police Department Operating Budget also includes the
annual cost of the ALPR cameras. Any cost adjustment of future fiscal years would be proposed
during budget development cycles for a total agreement amount (FY 2023/24 through FY
2027/28) not to exceed $295,000.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Master Service Agreement
2. Sole Source Letter
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Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between
Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta,
GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a
“Party,” and together, the “Parties”) on this the __ day of _________, 2024. This Agreement is
effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form
(“Order Form”) which will describe the Flock Services to be performed and the period for
performance, attached hereto as Exhibit A. The Parties agree as follows:
RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution
through Flock’s technology platform that upon detection is capable of capturing audio, video,
image, and recording data and provide notifications to Customer (“Notifications”);
WHEREAS, Customer desires access to the Flock Services (defined below) on existing
devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to
create, view, search and archive Footage and receive Notifications, via the Flock Services;
WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to
Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty
(30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for
extracting, downloading and archiving Footage from the Flock Services on its own storage
devices; and
AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order
Form, purchase orders, statements of work, product addenda, or the like, attached hereto as
exhibits and incorporated by reference, constitute the complete and exclusive statement of the
ATTACHMENT 1
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Agreement of the Parties with respect to the subject matter of this Agreement, and replace and
supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written
communications and negotiations by and between the Parties.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-
referenced in this Section 1.
1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and
any potential personally identifiable information, by commercially available standards which
irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no
longer be identified directly or indirectly.
1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of
Customer accessing or using the Flock Services, under the rights granted to Customer pursuant
to this Agreement.
1.3 “Customer Data” means the data, media and content provided by Customer through the
Flock Services. For the avoidance of doubt, the Customer Data will include the Footage.
1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and
any other physical elements that interact with the Embedded Software and the Web Interface to
provide the Flock Services.
1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with
or installed on the Flock Hardware or Customer Hardware.
1.6 “Flock Hardware” means the Flock device(s), which may include the 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 as specifically set forth in the
applicable product addenda.
1.7 “Flock IP” means the Flock Services, the Embedded Software, and any intellectual property
or proprietary information therein or otherwise provided to Customer and/or its Authorized End
Users. Flock IP does not include Footage (as defined below).
1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer
authorizes access to or receives data from, pursuant to the licenses granted herein.
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1.9 “Flock Services” means the provision of Flock’s software and hardware situational
awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio
detection, searching image records, video and sharing Footage.
1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware
or Customer Hardware in the course of and provided via the Flock Services.
1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information
pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license
plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of
being involved with criminal or terrorist activities, and other legitimate law enforcement
purposes. Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar
categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult
Alerts, and includes manually entered license plate information associated with crimes that have
occurred in any local jurisdiction.
1.12 “Installation Services” means the services provided by Flock for installation of Flock
Services.
1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud
storage, as specified in the product addenda.
1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Flock
Services such as: type, make, color, state registration, missing/covered plates, bumper stickers,
decals, roof racks, and bike racks.
1.15 “Web Interface” means the website(s) or application(s) through which Customer and its
Authorized End Users can access the Flock Services.
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2. SERVICES AND SUPPORT
2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable
right to access the features and functions of the Flock Services via the Web Interface during the
Term, solely for the Authorized End Users. The Footage will be available for Authorized End
Users to access and download via the Web Interface for the data retention time defined on the
Order Form (“Retention Period”). Authorized End Users will be required to sign up for an
account and select a password and username (“User ID”). Customer shall be responsible for all
acts and omissions of Authorized End Users, including any acts or omissions of Authorized End
Users which would constitute a breach of this Agreement if undertaken by Customer. Customer
shall undertake reasonable efforts to make all Authorized End Users aware of all applicable
provisions of this Agreement 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
Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell
phone provider for wireless cellular coverage).
2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non-
transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the
Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the
Flock Services.
2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health,
in order to improve performance and functionality. Flock will use commercially reasonable
efforts to respond to requests for support within seventy-two (72) hours. Flock will provide
Customer with reasonable technical and on-site support and maintenance services in-person, via
phone or by email at support@flocksafety.com (such services collectively referred to as
“Support Services”).
2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems
necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or
services to its agencies, the competitive strength of, or market for, Flock’s products or services,
such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.
Parties understand that such upgrades are necessary from time to time and will not diminish the
quality of the services or materially change any terms or conditions within this Agreement.
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2.5 Service Interruption. Flock Services may be interrupted in the event that: (a) Flock’s
provision of the Flock Services to Customer or any Authorized End User is prohibited by
applicable law; (b) any third-party services required for Flock Services are interrupted; (c) if
Flock reasonably believe Flock Services are being used for malicious, unlawful, or otherwise
unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e)
scheduled (to the extent reasonably feasible, scheduled only during non-peak usage hours) or
emergency maintenance (“Service Interruption”). Flock will make commercially reasonable
efforts to provide written notice of any Service Interruption to Customer, to provide updates, and
to resume providing access to Flock Services as soon as reasonably possible after the event
giving rise to the Service Interruption is cured. Flock will have no liability for any damage,
liabilities, losses (including any loss of data or profits), or any other consequences that Customer
or any Authorized End User may incur as a result of a Service Interruption, except to the extent
such Service Interruption occurs due to the negligence or willful misconduct of Flock. To the
extent that the Service Interruption is not caused by Customer’s direct actions or by the actions
of parties associated with the Customer, the time will be tolled by the duration of the Service
Interruption (for any continuous suspension lasting at least one full day). For example, in the
event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit
for five (5) free days at the end of the Term.
2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End
User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or
attack on any of the Flock IP by Customer; (b) Customer’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 customer or vendor of
Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or
illegal activities; (d) Customer has violated any term of this provision, including, but not limited
to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any
unauthorized access to Flock Services through Customer’s account (“Service Suspension”).
Except to the extent a Service Suspension occurs due to the negligence or willful misconduct of
Flock, Customer shall not be entitled to any remedy for the Service Suspension period, including
any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the
Term will be tolled by the duration of the Service Suspension.
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2.7 Hazardous Conditions. Flock Services do not contemplate 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.
3. CUSTOMER OBLIGATIONS
3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a
User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated
registration information. Authorized End Users may not select as their User ID, a name that they
do not have the right to use, or any other name with the intent of impersonation. Customer and
Authorized End Users may not transfer their account to anyone else without prior written
permission of Flock. Authorized End Users shall not share their account username or password
information and must protect the security of the username and password. Unless otherwise stated
and defined in this Agreement, Customer shall not designate Authorized End Users for persons
who are not officers, employees, or agents of Customer. Authorized End Users shall only use
Customer-issued email addresses for the creation of their User ID. Customer is responsible for
any Authorized End User activity associated with its account. Customer shall ensure that
Customer provides Flock with up to date contact information at all times during the Term of this
Agreement. Customer shall be responsible for obtaining and maintaining any equipment and
ancillary services needed to connect to, access or otherwise use the Flock Services. Customer
shall (at its own expense) provide Flock with reasonable access and use of Customer facilities
and Customer personnel in order to enable Flock to perform Services (such obligations of
Customer are collectively defined as “Customer Obligations”).
3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants
that Customer shall use Flock 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 data, video, photo, or audio content.
4. DATA USE AND LICENSING
4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer
Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited,
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non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and
perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock
does not own and shall not sell Customer Data.
4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post,
upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages,
text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information,
content, ratings, reviews, data, questions, suggestions, or other information or materials produced
by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable
right, title, and interest in Customer Generated Data. Customer understands and acknowledges
that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of
Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide,
royalty-free, license to use the Customer Generated Data for the purpose of providing Flock
Services. Flock does not own and shall not sell Customer Generated Data.
4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer
Data and Customer Generated Data to the extent such anonymization renders the data non-
identifiable to create Anonymized Data to use and perform the Flock Services and related
systems and technologies, including the training of machine learning algorithms. Customer
hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and
distribute such Anonymized Data to improve and enhance the Flock Services and for other
development, diagnostic and corrective purposes, and other Flock offerings. Parties understand
that the aforementioned license is required for continuity of Flock Services. Flock does not own
and shall not sell Anonymized Data.
5. CONFIDENTIALITY; DISCLOSURES
5.1 Confidentiality. To the extent required by any applicable public records requests, each Party
(the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed
or may disclose 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 non-public information regarding features,
functionality and performance of the Flock Services. Proprietary Information of Customer
includes non-public data provided by Customer to Flock or collected by Flock via Flock
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Services, which includes but is not limited to geolocation information and environmental data
collected by sensors. 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 less than commercially reasonable
precautions, and (ii) not to use (except in performance of the Flock Services or as otherwise
permitted herein) or divulge to any third person any such Proprietary Information. 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. At the termination of this Agreement, all
Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded
on an erasable storage medium), together with any copies thereof, when no longer needed for the
purposes above, or upon request from the Disclosing Party, and in any case upon termination of
the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary
Information that is trade secret shall continue in perpetuity or until such information is no longer
trade secret.
5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in
and to the Flock IP and its components, and Customer acknowledges that it neither owns nor
acquires any additional rights in and to the foregoing not expressly granted by this Agreement.
Customer further acknowledges that Flock retains the right to use the foregoing for any purpose
in Flock’s sole discretion. Customer and Authorized End Users shall not: (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; (iii) attempt to modify, alter, tamper with or repair any of the
Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or
attempt to interfere in any manner with the functionality or proper working of any of the Flock
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IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right
appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for
anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or
otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There
are no implied rights.
5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use,
preserve and/or disclose (after providing written notice to Customer) 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 comply with a legal process, enforce this Agreement, or detect, prevent or otherwise
address security, privacy, fraud or technical issues, or emergency situations.
6. PAYMENT OF FEES
6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order
Form based on the billing structure and payment terms as indicated in the Order Form. If
Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no
later than thirty (30) days after the closing date on the first invoice in which the error or problem
appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to
contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is
more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies,
suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at
least thirty (30) days’ prior written notice to Customer of the payment delinquency before
exercising any suspension right.
6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent
Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the
end of the Initial Term or Renewal Term (as applicable).
6.3 Late Fees. Intentionally omitted.
6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on
Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the
legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing
authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid
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by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and
Flock shall not charge customer any taxes from which it is exempt. If any deduction or
withholding is required by law, Customer shall notify Flock and shall pay Flock any additional
amounts necessary to ensure that the net amount that Flock receives, after any deduction and
withholding, equals the amount Flock would have received if no deduction or withholding had
been required.
7. TERM AND TERMINATION
7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the
Order Form (the “Term”). Following the 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”) 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.
7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any
applicable Flock Hardware at a commercially reasonable time period. In the event of any
material breach of this Agreement, the non-breaching Party may terminate this Agreement prior
to the end of the 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 (“Cure Period”). Either Party may
terminate this Agreement (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. In the
event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock
will refund Customer a pro-rata portion of the pre-paid fees for Flock Services not received due
to such termination.
7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and
11.6.
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8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER
8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded
Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a
Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective
Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole
discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or
testing within a commercially reasonable time, but no longer than seven (7) business days after
Customer gives notice to Flock.
8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may
request a replacement of Flock Hardware at a fee according to the reinstall fee schedule
(https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to
replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock
Services will be materially affected, and (2) that Flock shall have no liability to Customer
regarding such affected Flock Services, nor shall Customer receive a refund for the lost,
damaged, or stolen Flock Hardware.
8.3 Warranties. Flock shall use reasonable efforts consistent with prevailing industry standards
to maintain the Flock Services in a manner which minimizes errors and interruptions in the Flock
Services and shall perform the Installation Services in a professional and workmanlike manner.
Flock Services may be temporarily unavailable for scheduled maintenance (which to the extent
reasonably feasible, only occur during non-peak usage hours) 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. To the best of Flock’s knowledge as of
the Effective Date of this Agreement, Customer’s license use of the Flock Services, Embedded
Software, and/or Web Interface, will not infringe the intellectual property rights of any third
party. The Flock Services shall be performed in material accordance with this Agreement and in
a timely, workmanlike manner. Flock shall not modify or change the Embedded Software or the
Flock Services to reflect a material diminution in the form, features, or functionality of such
Embedded Software or Flock Services, form that existing as of the Effective Date of this
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Agreement. Flock shall ensure its Embedded Software and the Flock Services comply with all
applicable laws and regulations.
8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S
SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.
EXCEPT TO THE EXTENT CAUSED BY FLOCK’S NEGLIGENCE OR WILLFUL
MISCONDUCT, 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, AND EXCEPT FOR EACH PARTY’S
INDEMNITY OBLIGATIONS HEREUNDER, THE SERVICES ARE PROVIDED “AS IS”
AND FLOCK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY
THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.
8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.
8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in
performance from any cause beyond their control, including, but not limited to acts of God,
changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of
variants), issues of national security, acts or omissions of third-party technology providers, riots,
fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or
supplies, financial institution crisis, weather conditions or acts of hackers, internet service
providers or any other third party acts or omissions. Each Party will, however, make all
reasonable efforts to remove or eliminate such a cause of delay or failures in performance and
will, upon the cessation of the cause, diligently pursue performance of its obligations in this
Agreement.
9. LIMITATION OF LIABILITY; INDEMNITY
9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND
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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 LOSS OF REVENUE, BUSINESS OR
BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA;
(C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL
KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL
ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS
THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,
EXCEED TWO TIMES THE AMOUNT OF THE FEES PAID AND/OR PAYABLE BY
CUSTOMER 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 FLOCK HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION
ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE
STATE REFERENCED IN SECTION 11.6. NOTWITHSTANDING ANYTHING TO THE
CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY (I)
IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II)
INDEMNIFICATION AND WARRANTY OBLIGATIONS, OR (III) LIABILITY RELATING
TO INTELLECTUAL PROPERTY INFRINGEMENT.
9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for
the acts and omissions of its own employees, officers, or agents, in connection with the
performance of their official duties under this Agreement. Each Party to this Agreement shall be
liable for the torts of its own officers, agents, or employees.
9.3 Flock Indemnity. Flock shall defend, indemnify, and hold harmless Customer, its agents,
officers, officials, and employees, from liability of any kind, including claims, demands,
liabilities, actions, damages, fines, sanctions, costs (including defense) and expenses, arising out
of a claim of infringement, actual or alleged, direct or contributory, of any intellectual property
rights in any way related to this Agreement or to the Customer’s authorized use of the Embedded
14
Software or Flock Services. Flock shall not enter into any stipulated judgment or settlement that
purports to bind Customer without Customer’s express written authorization, which shall not be
unreasonably withheld or delayed. Flock further agrees to defend, indemnify, and hold harmless
Customer, its agents, officers, officials, and employees, from and against any and all liability,
claim, action, loss, injury, damage, judgment, fines, sanctions, or expenses, including reasonable
attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or
willful misconduct of Flock, Flock’s employees, agents, or subcontractors in any way related to
this Agreement. Flock’s duty to indemnify and hold harmless hereunder shall not apply to the
extent such Losses are caused by the sole or active negligence or willful misconduct of
Customer.
10. INSTALLATION SERVICES AND OBLIGATIONS
10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive
property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this
Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise
expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install,
tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer
agrees and understands that in the event Customer is found to engage in any of the foregoing
restricted actions, all warranties herein shall be null and void, and this Agreement shall be
subject to immediate termination for material breach by Customer. Customer shall not perform
any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should
Customer default on any payment of the Flock Services, Flock may remove Flock 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 Customer’s default and Flock shall have
the right to enforce any other legal remedy or right.
10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock
Hardware for optimal product functionality, as conditions and locations allow. Flock will
collaborate with Customer to design the strategic geographic mapping of the location(s) and
implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the
event that Flock determines that Flock Hardware will not achieve optimal functionality at a
15
designated location, Flock shall have final discretion to veto a specific location, and will provide
alternative options to Customer.
10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent
requested changes from Customer to the Deployment Plan, including, but not limited to,
relocating, re-positioning, adjusting of the mounting, removing foliage, replacement, changes to
heights of poles will incur a fee according to the reinstall fee schedule located at
(https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and
confirm approval of any such fees.
10.4 Customer Installation Obligations. Customer is responsible for any applicable
supplementary cost as described in the Customer Implementation Guide, attached hereto as
Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall
lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the
Flock Hardware at the designated locations and to make any necessary inspections or
maintenance in connection with such installation.
10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional
manner within a commercially reasonable time from the Effective Date of this Agreement. Upon
removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary
wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for
the length of the Term. Flock may use a subcontractor or third party to perform certain
obligations under this Agreement, provided that Flock’s use of such subcontractor or third party
shall not release Flock from any duty or liability to fulfill Flock’s obligations under this
Agreement.
11. MISCELLANEOUS
11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal
laws, regulations, policies and ordinances and their associated record retention schedules,
including responding to any subpoena request(s).
11.2 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.
16
11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either
Party, without prior consent. Notwithstanding the foregoing, either Party may assign this
Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or
(ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of
merger, consolidation or similar transaction.
11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee
schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the
complete and exclusive statement of the mutual understanding of the Parties and supersedes and
cancels all previous or contemporaneous negotiations, discussions or agreements, whether
written and oral , 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 Customer’s purchase orders, authorizations or
similar documents will alter the terms of this Agreement, and any such conflicting terms are
expressly rejected. Any mutually agreed upon future purchase order is subject to these legal
terms and does not alter the rights and obligations under this Agreement, except that future
purchase orders may outline additional products, services, quantities and billing terms to be
mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or
any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that
Customer’s purchase is neither contingent upon the delivery of any future functionality or
features nor dependent upon any oral or written comments made by Flock with respect to future
functionality or feature.
11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of
this Agreement and Parties do not have any authority of any kind to bind each other in any
respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.
11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in
which the Customer is located. The Parties hereto agree that venue would be proper in the
chosen courts of the State and County in which the Customer is located. The Parties agree that
the United Nations Convention for the International Sale of Goods is excluded in its entirety
from this Agreement.
11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal
and will become part of this Agreement, upon Customer’s prior written consent and the mutual
17
execution by authorized representatives (“Special Terms”). To the extent that any terms of this
Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
11.8 Publicity. Upon prior written consent from Customer, Flock may reference and use
Customer’s name and trademarks and disclose the nature of the Services, for the sole purpose of
business and development and marketing efforts.
11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas,
enhancement requests, feedback, recommendations or other information relating to the subject
matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and
interest (including intellectual property rights) with respect to or resulting from any of the
foregoing.
11.10 Export. Customer 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 Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section
2.101, the Services, the Flock Hardware and Documentation are “commercial items” and
according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section
252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial
computer software documentation.” Flock is compliant with FAR Section 889 and does not
contract or do business with, use any equipment, system, or service that uses the enumerated
banned Chinese telecommunication companies, equipment or services as a substantial or
essential component of any system, or as critical technology as part of any Flock system.
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.
11.11 Headings. The headings are merely for organization and should not be construed as
adding meaning to the Agreement or interpreting the associated sections.
11.12 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 Parties they are representing.
18
11.13 Conflict. In the event there is a conflict between this Agreement and any applicable
statement of work, or Customer purchase order, this Agreement controls unless explicitly stated
otherwise.
11.14 Morality. Intentionally omitted.
11.15 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 email; the day after it is sent, if sent for next day delivery by recognized
overnight delivery service; and upon receipt to the address listed on the Order Form (or, if
different, below), if sent by certified or registered mail, return receipt requested.
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: legal@flocksafety.com
Customer NOTICES ADDRESS:
ADDRESS: 110 E. Main St. Los Gatos, CA 95030
ATTN: Police Department, Heather St. John
EMAIL: Hstjohn@losgatosca.gov
11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all
obligations of the Customer under this Agreement which require the expenditure of funds are
conditioned on the availability of funds appropriated for that purpose. Customer shall have the
right to terminate this Agreement for non appropriation with thirty (30) days written notice
without penalty or other cost.
19
11.17 Counterparts. The Parties may execute this Agreement in two or more counterparts,
which shall, in the aggregate, be deemed an original but all of which, together, shall constitute
one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s
signature shall be accepted and valid as an original.
The parties enter into this Agreement as of the date first written above.
FLOCK
By: __________________________ Date: ________________
Printed: ___________________________ Title: __________________
By: __________________________ Date: ________________
Printed: ___________________________ Title: __________________
TOWN OF LOS GATOS
________________________ Date: ____________________
Laurel Prevetti, Town Manager
Approved As To Form:
_____________________________
Gabrielle Whelan, Town Attorney
Attest:
_____________________________
Wendy Wood, CMC, Town Clerk
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EXHIBIT A
ORDER FORM
Flock Safety + CA - Los Gatos PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Graham Carter
graham.carter@flocksafety.com
(415) 329-1307
EXHIBIT A
EXHIBIT A
ORDER FORM
Customer: CA - Los Gatos PD Initial Term: 60 Months
Legal Entity Name: CA - Los Gatos PD Renewal Term: 24 Months
Accounts Payable Email: hstjohn@losgatosca.gov Payment Terms: Net 30
Address: 110 E Main St Los Gatos, California 95030 Billing Frequency: Annual - First Year at Signing.
Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $51,000.00
Flock Safety Flock OS
FlockOS ™ - Essentials Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 17 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Subtotal Year 1: $51,000.00
Annual Recurring Subtotal: $51,000.00
Estimated Tax: $0.00
Contract Total: $255,000.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. 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”) 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.
Special Terms:
• The Term of this contract shall be from 03/01/2024 - 02/28/2029.
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $51,000.00
Annual Recurring after Year 1 $51,000.00
Contract Total $255,000.00
*Tax not included
Product and Services Description
Flock Safety Platform Items Product Description Terms
FlockOS™ Flock Safety’s situational awareness operating system.
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle
Fingerprint® technology to capture vehicular attributes.
The Term shall commence upon first installation and validation of Flock
Hardware.
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with
the Flock Safety Advanced Implementation Service Brief.
Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance
with the Flock Safety Standard Implementation Service Brief.
Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with
the Flock Safety Advanced Implementation Service Brief.
FlockOS Features & Description
FlockOS Features Description
Community Network Access
The ability to request direct access to feeds from privately owned Flock Safety Falcon® LPR cameras
located in neighborhoods, schools, and businesses in your community, significantly increasing actionable evidence that clears cases.
Unlimited Users Unlimited users for FlockOS
State Network (License Plate Lookup Only) Allows agencies to look up license plates on all cameras opted into the Flock Safety network within your
state.
Nationwide Network (License Plate Lookup Only)
With the vast Flock Safety sharing network, law enforcement agencies no longer have to rely on just their
devices alone. Agencies can leverage a nationwide system boasting 10 billion additional plate reads per
month to amplify the potential to collect vital evidence in otherwise dead-end investigations.
Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations
License Plate Lookup Look up specific license plate location history captured on Flock devices
Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate
state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.
Insights & Analytics Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.
ESRI Based Map Interface Map-based interface that consolidates all data streams and the locations of each connected asset, enabling
greater situational awareness and a common operating picture.
Real-Time NCIC Alerts on Flock ALPR Cameras
Receive automated alerts when vehicles entered into established databases for missing and wanted persons
are detected, including the FBI’s National Crime Information Center (NCIC) and National Center for
Missing & Exploited Children (NCMEC) databases.
Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera
Law Enforcement Network Access The ability to request direct access to evidence detection devices from Law Enforcement agencies outside
of your jurisdiction.
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 of Service located at https://www.flocksafety.com/terms-and-conditions
/L1/
The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Customer: CA - Los Gatos PD
By: \FSSignature2\ By: \FSSignature1\
Name: \FSFullname2\ Name: \FSFullname1\
Title: \FSTitle2\ Title: \FSTitle1\
Date: \FSDateSigned2\ Date: \FSDateSigned1\
PO Number:
21
EXHIBIT B
INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement
insurance against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the services under this Agreement and the results of that
work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be
placed with insurers with a current A. M. Best rating of no less than “A” and “VII”.
Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional
liability (errors and omissions), automobile liability, and general liability insurance for insurable
amounts of not less than the limits listed herein. The insurance policies shall provide that the
policies shall remain in full force during the life of the Agreement. Flock shall procure and shall
maintain during the life of this Agreement Worker's Compensation insurance as required by
applicable State law for all Flock employees.
Types and Amounts Required. Flock shall maintain, at minimum, the following insurance
coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with
minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars
($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal
injury, contractual liability, independent contractors, broad-form property damage, and product
and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with
minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars
($10,000,000) in the aggregate. Flock may use excess liability/umbrella policies to meet the
required liability limits on the condition that they provide all of the insurance coverages required
herein, including, but not limited to, primary and non-contributory, additional insured, Self-
Insured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella
insurance policies shall be provided on a true “following form” or broader coverage basis, with
coverage at least as broad as provided on the underlying CGL insurance. No insurance policies
maintained by the additional insureds, whether primary or excess, and which also apply to a loss
22
covered hereunder, shall be called upon to contribute to a loss until the Flock’s primary and
excess liability policies are exhausted;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of
Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the
aggregate; Insurance must be maintained, and evidence of insurance must be provided for at least
five (5) years after date of completion of the services under this Agreement. If coverage is
canceled or non-renewed and not replaced with another claims-made policy form with a
Retroactive Date prior to the contract effective date or start of work date, Flock must purchase
“extended reporting” coverage for a minimum of five (5) years after completion of the contracted
work;
(iv) Commercial Automobile Liability insurance with a minimum combined single
limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property
coverage, including owned and non-owned and hired automobile coverage; and
(v) Cyber Liability insurance written on an occurrence basis with minimum limits of
Five Million Dollars ($5,000,000) and Five Million Dollars ($5,000,000) in the aggregate.
Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Flock
in this Agreement. The policy(ies) shall include coverage for claims involving security breach,
system failure, data recovery, business interruption, cyber extortion, social engineering,
infringement of intellectual property, including but not limited to infringement of copyright,
trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction
of electronic information, release of private information, and alteration of electronic information.
The policy(ies) shall provide coverage for breach response costs as well as regulatory
fines and penalties as well as credit monitoring expenses with limits sufficient to respond to
these obligations.
The policy(ies) shall include, or be endorsed to include, property damage liability
coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information
“property” of the Customer in the care, custody, or control of Flock.
(vi) Workers’ Compensation As Required By The State Of California, With
Statutory Limits, And Employer’s Liability Insurance: $1,000,000 per accident for bodily
injury or disease. The Worker’s Compensation policy must be endorsed with a waiver of
subrogation in favor of the Customer for all work performed by Flock and its employees.
23
(Not required if Flock provides written verification it has no employees) - If Flock has no
employees, Flock shall complete and sign a Workers’ Compensation Exemption Declaration and
Release of Liability.
Other Insurance Provisions. The insurance policies are to comply with the following
provisions:
(i) Additional Insured Status
The Customer, its officers, officials, employees, agents, and volunteers are to be covered as
additional insureds on the CGL policy with respect to liability arising out of work or operations
performed by or on behalf of Flock including materials, parts, or equipment furnished in
connection with such work or operations, products and completed operations. General liability
coverage will be provided in the form of an endorsement to Flock’s insurance at least as broad as
ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26,
CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).
(ii) Primary Coverage
For any claims related to this Agreement, Flock’s and all subcontractor’s insurance coverage will
be primary and non-contributory as respects the Customer, its officers, officials, employees,
agents, and volunteers. Any insurance or self-insurance maintained by the Customer, its officers,
officials, employees, agents, or volunteers will be excess of Flock’s and all subcontractor’s
insurance and will not contribute with it.
(iii) Notice of Cancellation
Each insurance policy required above shall state that the coverage shall not be canceled, except
with notice to the Customer.
(iv) Waiver of Subrogation
Flock hereby grants to the Customer a waiver of any right to subrogation, except as otherwise
not applicable, which any insurer of Flock may acquire against the Customer by virtue of the
payment of any loss, including attorney’s fees under such insurance. Flock agrees to obtain any
24
endorsement that may be necessary to effectuate this waiver of subrogation, but this provision
applies regardless of whether or not the Customer has received a waiver of subrogation
endorsement from the insurer.
(v) Self-Insured Retentions (SIR)
Self-insured retentions must be declared to and approved by the Customer. Customer may
require Flock to purchase coverage with a lower retention or provide proof of ability to pay
losses and related expenses. The policy language shall provide, or be endorsed to provide, that
the self-insured retention may be satisfied by either the named insured or Customer.
(vi) Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the Agreement or the
beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided, for at least
five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a Retroactive Date prior to the contract effective date, Flock must purchase
“extended reporting” coverage for a minimum of five (5) years after completion of contract
work.
(vii) Verification of Coverage
Flock will furnish the Customer with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
(and CPL, automobile and any Excess Liability/Umbrella policies, as applicable) listing all
policy endorsements to be approved by the Customer before work commences. However, failure
to obtain the required documents prior to the work beginning will not waive Flock’s obligation to
provide them. The Customer reserves the right to require complete, certified copies of all
required insurance policies, including endorsements required by these specifications, at any time.
25
(viii) Subcontractors
Flock shall include their subcontractor(s) as additional insured(s) under the policies or shall
furnish separate certificates and endorsements for each contractor and subcontractor. Flock shall
require and verify that all contractors and subcontractors maintain insurance meeting all the
requirements stated herein, and Flock shall ensure that Customer, its officers, officials,
employees, agents, and volunteers are named as additional insureds on insurance required from
its contractor(s) and subcontractor(s).
(ix) Special Risks/Circumstances
Customer reserves the right to modify these requirements, including limits, based on the nature
of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice
to Flock.
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EXHIBIT C
Customer Implementation Guide
Law Enforcement
Customer Implementation Guide
1Customer Implementation Guide: LAW ENFORCEMENT
Implementation Timeline
Flock Safety Team
Implementation Service briefs: Existing Infrastructure
vs Standard vs Advance
Existing Infrastructure Implementatio
Standard Implementatio
Advanced Implementation
Things to Consider When Selecting Locations
Customer Responsibilities: AC-Powered Cams
Electrician Handou
Electrician Installation Step
FAQs about AC-Powered Flock Cameras
Installation Service Brief Summary
Permitting: Pre-Install Questionnair
Timelin
Right of Wa
AC Power vs. Sola
Traffic Control & Installation Method
Paperwork & Required Form
Contacts
*Fee Schedule
Help Center
Customer Support
................................................................. 2
............................................................................ 3
............. 6
......................... 12
........................ 14
........................................................................ 15
............................................. 18
.......................................... 19
................................................................................. 21
..................................................................................... 22
.......................................................................... 22
Table of Contents
Review Locations Confirm camera locations with your sales representative
FLOCK: Your sales representative will present several viable options for camera locations
CUSTOMER: Review Deployment Plan & approve camera locations
If Public Works is required to move forward, please obtain approvalPlease Note:
finalize Locations Prepare for finalized camera locations
FLOCK: Confirm Deployment Plane and signed agreement. Flock will move forward with
next steps for locations that don't need permits (minimum 10 locations needed to move
forward with partial installation)
CUSTOMER: Prepare the below items, as neede
If permits are required, begin application proces
If camera will be AC-powered, hire an electrician/street department
Step 1 Conduct On-site Survey & Place Flags
FLOCK: Flock technician conducts site survey to (1) evaluate/reconfirm solar or power
access, (2) check line of sight to the road, and (3) evaluate/reconfirm cellular service in
the area. When the technician deems the locations suitable, s/he will place a white flag
at each spot
If the initially determined locations don't meet Flock standards, we will
evaluate a new location, obtain customer approval, and redo a site survey. This may
push timeline for installation
PLEASE NOTE:
Step 2 Call 811
FLOCK: Flock Safety will coordinate with Call 811 to mark each camera location for
underground utilities within a 10-foot radius
Call 811 is a government service, so turnaround times may vary and is
outside of Flock control
PLEASE NOTE:
Step 3 Schedule Installation
FLOCK: Flock will (1) ship any site specific material that the technician does not have
locally (2) schedule the installation date
Step 4 Install & Validate Cameras
FLOCK: After installation, your Onboarding Specialist will confirm that cameras are
capturing footage well and functioning properly. They will then give you full access to
the system along with helpful training resources
Ongoing – as Needed Finalize Any Installation Needs
FLOCK: While we typically complete installations within 4 weeks of finalizing locations,
delays may occur due to external factors. In these instances, we will continue to work
through this process until your cameras are fully installed and operational
2
This timeline provides general guidance and understanding of your installation
process. While we typically complete installations 6-8 weeks after locations have
been finalized, delays can occur as noted in the timeline below:
Implementation Timeline
How They Will Support YouImplementation Team
Field Operations
Team
The Field Operations team is responsible for the
physical installation and maintenance of
cameras and associated equipment provided by
Flock. This includes a large team of technicians,
schedulers, and many others involved in
ensuring the delivery of the product.
They take the technical plan you finalized with
Product Implementation and work closely with
other teams at Flock to make sure that the
cameras are installed quickly and safely and in
a way that maximizes the opportunity to solve
crime at a specific location
*Note*: For
, please always direct them to your
and not the
technician.
all Installation questions or
concerns
Customer Success Manager
Project Manager
Your is your
Your project manager will guide you through the
entire installation process, keeping you apprised
of all implementation updates as well as answering
any questions you have during this time. They will
ensure that all the cameras are on the ground and
operating for at least 48 hours before transitioning
you to your Customer Success Manager.
Project Manager primary contact
during camera installation.
3
Flock Safety Team
How They Will Support YouRelationship Team
Flock Safety
Support
The Flock Safety Support team is committed to
answering all your day-to-day questions as quickly
as possible. , simply
email
Support can help you
Request camera maintenanc
Troubleshoot online platfor
Contract / Billing question
Update account informatio
Camera Sharing question
Quick “How to” questions in your Flock Account
To get in touch with support
support@flocksafety.com or call
866-901-1781 Mon-Fri 8am-8pm EST.
Customer Success
Manager
Your Customer Success Manager is your strategic
partner for your lifetime as a Flock customer.
While the cameras are getting installed, your CSM
will help get your account set up and get all key
users trained on the system.
Post-Camera-Installation, your CSM will be your
go-to for most account-related needs: You should
reach out to them to
Set up Account Trainin
Understand benefits of feature
Learning best practices for getting relevant
dat
Identifying opportunities to expand the security
network in your are
Provide feedback on your partnership with
Flock
4
Outside Party When they may be involved
If the Flock cameras need to be AC powered, you
(customer) are responsible for providing an
electrician to ensure power connectivity
Electrician/Street
Department
To weigh in on the use of public Rights of Way or
propertyPublic Works (LE)
If installation in your area requires permitting
Department of
Transportation
(DOT), City, or
County agencies
5
PLEASE NOTE: On some occasions, third parties outside of Flock Safety
may be (or need to be) involved in your implementation.
Included in scope:
Once designated locations are approved by the customer, as part of the
Flock will perform the following
An in-person site survey to confirm the installation feasibility of a location
(location assessment, solar assessment, visibility review, etc.
Cameras need sufficient power. Since a solar panel is required per camera,
it can prevent adequate solar power if two cameras and two solar panels
are on a single pole (blocking visibility). Therefore
if relying on solar power, only one camera can be installed per pole
Confirm that a location is safe for work by following State utility locating
procedures.
Each installation may include the following
Installation of camera and solar panel or AC adapter box on a suitable
existing pole
Existing
Infrastructure Implementation Service
COST: $150 per camera (one time cost)
Existing Infrastructure Implementation
Existing
Infrastructure Install
Pole None Flock NCHRP 350 /
MASH
Timeline Short Medium Longest
Cost Lowest Mid Highest
Standard
Install
Advanced
Install
Implementation Service Briefs: Existing
Infrastructure vs Standard vs Advanced
6
7
Out of scope:
By default, Flock does include the following as part of the
but can provide a quote for sourcing at
an additional cost
Mounting on mast arms (always require bucket truck and traffic control
Call 811 ‘Call-before-you-Dig’ syste
Installation of any poles including but not limited t
Standard, 12’ above grade
NCHRP 350 or MASH approved pole (as may be required for locations in
DOT right of way
A Bucket Truck for accessing horizontal/cross-beams and/or height above 14
Special equipment rentals for site acces
Site-specific engineered traffic plan
Third-party provided traffic contro
State or city-specific specialty contractor licenses or unique attachment/
connection requirement
Custom engineered drawings
Electrical work requires a licensed electrician.
not Existing
Infrastructure Implementation Service
Flock breakaway pol
Types of existing infrastructure such as existing utility, light, and traffic
signal poles
Pole no higher than 8’-12’ (approval at Flock Safety’s discretion
Flock will provide and mount an AC adapter unit that a qualified
electrician can connect to AC power following our
. Flock is unable to make any AC connections or
boreholes in any material other than dirt, grass, loose gravel (or other
non-diggable material). Electrical work requiring a licensed electrician
and associated costs, not included in the scope
Access requiring up to a 14’ using an A-frame ladde
Standard MUTCD traffic control procedures performed by a Flock
technicia
Obtain a business license to operate in the city and state of camera location
electrical wiring
requirements
8
Included in scope:
Once designated locations are approved by the customer, as part of the
Flock will perform the following
An in-person site survey to confirm the installation feasibility of a location
(location assessment, solar assessment, visibility review, etc.)
Confirm that a location is safe for work by following state utility locating
procedures. Work with local utilities to prevent service interruptions
during the installatio
Engage 811 ‘Call-before-you-Dig’ system to receive legal dig dat
Apply approved markings Coordinate with 811 regarding any necessary
high-risk dig clearances or required vendor meet
Each installation may include the following
Installation of camera and solar panel with
Standard Implementation Service
standard, 12’ above grade
Flock breakaway pole
COST: $650 per camera (one time cost)
Standard Implementation
Flock will provide and mount an AC adapter that a qualified electrician can
connect to AC power but cannot make any AC connections or boreholes in
any material other than dirt, grass, loose gravel (or other non-diggable
material)
Concrete cuttin
Private utility search for privately owned items not included in standard 811
procedures (communication, networking, sprinklers, etc.
Upgrades to power sources to ready them for Flock power (additional fuses,
switches, breakers, etc.
Any fees or costs associated with filing for required city, county, or state
permit
Licensing or attachment agreements with asset / infrastructure owners
Utility contracts and billing
Customer requested relocations (see fee schedule)
9
Out of scope:
By default, Flock does include the following as part of the Standard
Implementation Service but can provide a quote for sourcing at an additional cost
Use and/or mounting to existing infrastructure
NCHRP 350 or MASH approved pole (as may be required for locations in DOT
right of way
A Bucket Truck for accessing horizontal/cross-beams and/or height above 14
Special equipment rentals for site acces
Site-specific engineered traffic plan
Third-party provided traffic contro
State or city-specific specialty contractor license
Custom engineered drawings
Electrical work requires a licensed electrician.
Flock will provide and mount an AC adapter that a qualified electrician can
connect to AC power but cannot make any AC connections or boreholes in
any material other than dirt, grass, loose gravel (or other non-diggable
material)
Concrete cuttin
Private utility search for privately owned items not included in standard 811
procedures (communication, networking, sprinklers, etc.)
not
Installation of camera and AC adapter that a qualified electrician can connect
to AC power on a suitable existing pole, no higher than 8-12’ (approval at
Flock Safety’s discretion
Flock will provide and mount an AC adapter that a qualified electrician can
connect to AC power following our . Flock
is unable to make any AC connections or boreholes in any material other
than dirt, grass, loose gravel (or other non-diggable material). Electrical
work requiring a licensed electrician and associated costs, not included in
the scope
Access requiring up to a 14’ A-frame ladde
Standard MUTCD traffic control procedures performed by a Flock technicia
Obtain a business license to operate in the City and State of camera location
electrical wiring requirements
10
Upgrades to power sources to ready them for Flock power (additional fuses,
switches, breakers, etc.
Any fees or costs associated with filing for required city, county, or state
permit
Licensing or attachment agreements with asset / infrastructure owners
Utility contracts and billing
Customer requested relocations (see fee schedule)
Included in scope:
Once Designated Locations are confirmed, as part of the
, Flock will perform the following
An in-person site survey to confirm the installation feasibility of a location
(location assessment, solar assessment, visibility review, etc.)
Confirm that a location is safe for work by following State utility locating
procedures. Work with local utilities to prevent service interruptions during
the installatio
Engage 811 ‘Call-before-you-Dig’ system to receive legal dig dat
Apply approved markings Coordinate with 811 regarding any necessary
high-risk dig clearances or required vendor meet
Each installation may include the following
Installation of camera and solar panel on a suitable
approved pole
Installation of camera and AC adapter that a qualified electrician can
connect to AC power
Flock will provide and mount an AC adapter that a qualified electrician
can connect to AC power following our .
Flock cannot make any AC connections or boreholes in any material
other than dirt, grass, loose gravel (or other non-diggable material).
Advanced
Implementation Service
NCHRP 350 or MASH
electrical wiring requirements
COST: $1,900 per camera (one time cost)
Advanced Implementation
11
Out of scope:
By default, Flock does not include the following as part of the
but can optionally provide a quote for sourcing
(additional cost)
Installation on or existing
infrastructure
A Bucket Truck for accessing horizontal/cross-beams and/or height above 14
Special equipment rentals for site acces
Site-specific engineered traffic plan
Third-party provided traffic contro
State or City-specific specialty contractor license
Custom engineered drawing
Electrical work requires a licensed electrician. Flock will provide and mount an
AC adapter that a qualified electrician can connect to AC power but cannot
make any AC connections or boreholes in any material other than dirt, grass,
loose gravel (or other non-diggable material)
Concrete cuttin
Private utility search for privately owned items not included in standard 811
procedures (communication, networking, sprinklers, etc.
Upgrades to power sources to ready them for Flock power (additional fuses,
switches, breakers, etc.
Fees or costs associated with filing for required City, County, or State permits
Advanced
Implementation Service
Standard, 12’ above grade Flock breakaway pole
Access requiring up to a 14’ A-frame ladde
Standard MUTCD traffic control procedures performed by a Flock
technicia
Obtain a business license to operate in the City and State of camera location
Electrical work requiring a licensed electrician and associated costs,
not included in the scope.
12
Mountin
They can be mounted on existing utility, light, traffic signal poles, or 12 foot
Flock poles.
They should be mounted one per pole. If using AC power, they can be
mounted 2 per pole.
They can be powered with solar panels or direct wire-in AC Power (no
outlets).
They will require adequate cellular service using AT&T or T-Mobile to be able to
process & send images.
**
**
Placemen
They capture vehicles driving away from an intersection.
They cannot point into the middle of an intersection.
They should be placed after the intersection to prevent
stop and go motion activation or “stop and go” traffic.
Falcon Cameras
Use Case
Flock LPRs are designed to capture images
of rear license plates aimed in the direction
of traffic.
Flock LPRs are not designed to capture
pedestrians, sidewalks, dumpsters, gates,
other areas of non-vehicle traffic,
intersections.
Things to Consider When Selecting Locations
*
**
***
Permitting (or permission from pole owner) may be required to use existing infrastructure or install in specific areas,
depending on local regulations & policies.
Cameras need sufficient power. Since a solar panel is required per camera, it can prevent adequate solar power if two
cameras and two solar panels are on a single pole (blocking visibility). Therefore if relying on solar power, only one
camera can be installed per pole.
Flock does not provide Electrical services. Once installed, the agency or community must work with an electrician to
wire the cameras. Electrician services should be completed within two days of installation to prevent the camera from
dying.
13
Pole
not
If a location requires a "DOT Pole” (i.e., Advanced
Pole, Flock standard pole), the implementation
cost will be $5,000/camera.
Solar Panels
Solar panels need unobstructed southern-facing
views.
14
Customer Responsibilities: AC-Powered Cams
If the Flock cameras need to be AC-powered, the for
acquiring an electrician and ensuring they connect the camera to power.
.
customer is responsible
See steps
2 and 6 below
6. Connect Camera to Power
Notify the electrician that the camera is ready for the power
connection installation
5. Install Camera
Flock will install the camera and AC power kit at the specified
camera location
4. Conduct Site Survey
Flock will mark camera locations, locate underground utilities and
mark if present
3. Sign Flock Safety Agreement
Sign the Flock Safety purchase order to begin the installation of
cameras
2. Acquire an Electric Quote
Contact an electrician to receive a quote to run 120volt AC power to
the camera120v
1. Create a Deployment Plan
Work with us to select the best location(s) for Flock Safety cameras
and power sources
How to Get Started with a Powered Install
15
Electrician Handout
Electrician Installation Steps
Run AC cable and conduit to the box
according to NEC Article 300 and any
applicable local codes. The gland
accepts ½” conduit
Open the box using hinges
Connect AC Mains per wiring diagram
below:
Connect AC Neutral wire to the Surge Protector white Neutral wire using the
open position on the lever nut
Connect AC Line wire to the Surge Protector black Line wire using the open
position on the lever nut
Connect AC Ground wire to the Surge Protector green ground wire using the
open position on the lever nut.
4. Verify that both the RED LED is lit on the front of the box
5. Close box and zip tie the box shut with the provided zip tie
6. While still on-site, call Flock, who will remotely verify that power is working
correctly:
Southeast Region - (678) 562-8766
West-Region - (804) 607-9213
Central & NE Region - (470) 868-4027
16
FAQs about AC-Powered Flock Cameras
What voltage is supported?
The AC kit is designed to work with 120VAC Infrastructure by default. A 240VAC
version is available on request.
How much power does this consume
Peak current draw is 1.5 A at 120VAC. The average power draw is roughly 30W in
high traffic conditions but maybe lower when fewer vehicles are present.
Who is responsible for contracting the electrician?
The customer is responsible for contracting an electrician. We can help answer
questions, but the customer is responsible for identifying and contracting an
electrician.
Who is responsible for maintenance?
Flock will handle all maintenance related to Flock’s camera and power equipment.
However, any problems with the electrical supply are the customer’s responsibility.
The AC junction box has two lights to indicate the presence of power and make it
easy for quick diagnosis if there is a problem related to the AC power source
If the camera indicates to Flock that there is a power supply problem, Flock
will notify the customer and request that the customer verifies the lights on
the AC junction box. If the AC Source light is illuminated, Flock will send a
technician to investigate. If the AC source light is not illuminated, the
customer should check any GFCI’s or breakers in the supply circuit or call the
electrician who installed the power supply.
How much does it cost?
Work required to bring AC power to each location will be different, so exact pricing
is unavailable. Primary cost drivers include arrow boards and the distance from the
camera location to the AC power source.
What information do I need to provide my electrician?
The Flock deployment plan and these work instructions should be sufficient to
secure a quote. It will be helpful if you know the location of the existing power
infrastructure before creating the deployment plan.
?
17
Can you plug it into my existing power outlet? The Flock AC power adapter does
not use a standard outlet plug but must be directly wired into the power mains.
While using outlet plugs may be convenient, they can easily be unplugged,
presenting a tampering risk to this critical safety infrastructure.
The electrician can route power directly to the camera with a direct wire-in
connection if an outlet is close to the camera.
How long does this process typically take?
The installation process typically takes 6-8 weeks. To accelerate the process, be
sure to have the electrician perform his work shortly after the Flock technician
finishes installing the camera.
What kind of electrician should I look for?
Any licensed electrician should perform this work, though we have found that those
who advertise working with landscape lighting are most suited for this work.
What happens if the electrician damages the equipment?
The customer is responsible for contracting the electrician. Any liability associated
with this work would be assumed by the customer. If any future work is required at
this site due to the electrical infrastructure or the work performed by the electrician
would be the responsibility of the customer.
When should the electrician perform his work?
Once Flock installs the camera, you will receive an email alert letting you know that
this has been completed. After this, you will need to schedule the electrician to
route power to the pole.
What if my electrician has questions about Flock’s AC Kit?
You should share the packet with the electrician if they have
questions.
What if the AC power is on a timer?
Sometimes the AC power will be on a timer (like used for exterior lighting). Flock
requires that the AC power provided to the camera be constant. The source that the
electrician uses must not be on a timing circuit.
AC-Power Kit Details
18
Installation Service Brief Summary
Below outlines the statement of work for the Flock Camera Installation:
What is covered by Flock
Flock Cameras &
Online Platform
Mounting Poles
AC Power Kit (as needed)
Solar Panels (as needed)
Site Surveys and Call 811
Scheduling
Installation Labor Costs
Customer Support / Training
Cellular Data Coverage
Maintenance Fees
(review for
more details)
Fees Sheet
Data storage for 30 days
Traffic Control and any
associated costs
*DOT Approved Pole cost Electrician
& ongoing electrical costs
Engineering Drawings
Relocation Fees
Contractor licensing fees
Permit application processing fees
Specialist mounting equipment
Bucket trucks
Loss, theft, damage to Flock
equipment
Camera downtime due to
power outage
***Field Technician Maintenance
for Falcon™ Flex
excluding changes during
initial installation
Including, but not limited
to, MASH poles or
adapters
**
Only applicable for
AC-powered cameras
What is NOT covered by Flock Special note
*
**
***
If a location requires a "DOT pole" (i.e., not our standard), the implementation cost will be $5,000/camera; This cost
is applicable for installations in GA, IL, SC, TN, and CA.
MASH poles: Manual for Assessing Safety Hardware (MASH) presents uniform guidelines for crash testing
permanent and temporary highway safety features and recommends evaluation criteria to assess test results
If a camera is lost, stolen, or damaged, a replacement device can be purchased at a discounted price of $800
19
Permitting: Pre-Install Questionnaire
Traffic Control & Installation Method
, this typically necessitates an entire lane to be
blocked in the direction of travel.
If a bucket truck is required
Can you provide a patrol car escort, or will
full traffic control be required?*
4.
AC Power vs. Sola
If AC powered, is there a 120V power source available, and is there access to
an electrician who can connect the existing wire to the Flock Safety powered
If solar-powered, consider the size of the solar panel and potential to impact
the visibility of DOT signs/signals
Single Panel: 21.25" x 14" x 2" (Length x Width x Depth
Double Panel: 21.25" x 28" x 2" (LxWxD)
installation kit
3.
Right of Wa
Will any Flock Safety cameras be installed on the city, state, or power
company-owned poles or in the city, county, or state Right of Way (RoW)
What is the RoW buffer
Will additional permits or written permission be required from third-party
entities (such as DOT, power companies, public works, etc.)
Will any cameras be installed on city-owned traffic signal poles (vertical
mass)?
If yes, please provide heights/photos to determine if a bucket truck is
needed for the installation.
Note: A bucket truck is required if the height exceeds 15 feet tall.
2.
Timelin
In Flock Safety ’s experience, in-depth permitting requirements can
The SLA for permit document submission is within 15 days from contract
signature date (contract Closed-Won)
add 2+
months to the installation timeline.
1.
PLEASE NOTE: If traffic control is required, you may incur additional costs
due to city/state requirements; Fees will be determined by quotes received.
20
Paperwork & Required Form
Flock Safety will need copies of paperwork to complete before proceeding
(ex., business license applications, encroachment permit applications). We
can save critical time by gathering these documents upfront. We appreciate
your assistance in procuring these.
5.
Contact
If Flock Safety needs to interface directly with the departments, please share
the contact information of the following departments
Permittin
Public Work
Traffic Department
6.
Will standard plans suffice, or are custom plans needed? Custom plans
can double the cost, while standard plans can be pulled from the Manual
of Uniform Traffic Control Devices
Will a non-sealed copy of the traffic plan suffice? Or does the traffic plan
need to be sealed and/or submitted by a professional engineer
Are there state-specific special versions/variances that must be followed
, the shoulder or sidewalk should suffice and
enable Flock Safety to proceed without traffic control systems in place.
Note: In some states (i.e., arrow boards), sidewalks may require signage. If
signage is mandatory, Will your Public Works department be able to
assist?
If full traffic control is required (cones, arrow boards, etc.)
(MUTCD)
If a bucket truck is not required
21
After a deployment plan with Designated Locations and equipment has been agreed
upon by both Flock and the Customer, any subsequent changes to the deployment
plan (“Reinstalls”) driven by a Customer’s request will incur a fee per the table below.
What services incur fees
Requested relocations post-approval by customer
Relocations due to poor performance will be the responsibility of Floc
If a customer requests a location against the advisement of Flock,
performance issues and any requested relocations will be the responsibility of
the customer
Per the contract and absent a defect, in the event that Flock Hardware is lost,
stolen, or damaged, Customer may request that Flock replace the Flock
Hardware at a fee according to the then-current Reinstall policy
Misc billables for out of scope items for each implementation
https://www.flocksafety.com/reinstall-fee-schedule
Incurred Fees
Camera relocatio
Existing infrastructure (non-AC powered)........................................................
Flock pole (non-AC powered)..............................................................................
Advanced pole (non-AC powered)..................................................................
Replacement
Camera only as a result of vandalism, theft, or damage .............................
Pole replacement only as a result of vandalism, theft, or damag
Flock pole ..........................................................................................................
Advanced pole ...............................................................................................
Full replacement as a result of vandalism, theft, or damage
Flock pole, camera, and solar (non-AC Powered)..................................
Advanced pole, camera, and solar (non-AC Powered)..........................
$350
$750
$5000
$800
$500
$5000
$1300
$5800
*Fee Schedule
22
Trip charge ......................................................................................................................
Examples
Angle adjustment (elective
Install additional Flock signage
$35
All fees are per reinstall or required visit (in the case that a reinstall is attempted but
not completed) and include labor and materials. If you have any questions, please
email support@flocksafety.com.
Help Center
Our Help Center is filled with many resources to help you navigate through the
online platform. Below you will find some common questions and their relevant help
article:
(National Lookup - network of law enforcement agencies that have opted to allow their
network of Flock cameras to be used for searches)
How do I search camera footage?
How do I add a user?
How do I add a vehicle to my own Hot List?
How do I enable browser notifications for Hot List alerts?
How do I get text alerts for Hot List?
How do I request camera access from other nearby agencies?
How do I use the National Lookup to search for a plate?
How do I reset my / another user’s password?
Customer Support
You can reach our customer support team anytime by emailing
. They can help answer any “How-To” questions you
may have.
support@flocksafety.com
Sole Source Letter for Flock Safety®ALPR Cameras and Solution
Flock Safety® is the sole manufacturer, developer, and distributor of the Flock Safety® ALPR
Camera. Flock Safety® is also the sole provider of the comprehensive monitoring, processing,
and machine vision services which integrate with the Flock Safety® ALPR Camera.
The Flock Safety® ALPR camera and devices are the only Law Enforcement Grade ALPR
System to offer the following combination of proprietary features:
1. Vehicle Fingerprint Technology®:
○ Patented proprietary machine vision to analyze vehicle license plate, state
recognition, and vehicle attributes such as color, type, make and objects (roof
rack, bumper stickers, etc.) based on image analytics (not car registration data)
○ Machine vision to capture and identify characteristics of vehicles with a paper
license plate and vehicles with the absence of a license plate
○ Ability to ‘Save Search’ based on description of vehicles using our patented
Vehicle Fingerprint Technology without the need for a license plate, and set up
alerts based on vehicle description
○ Only LPR provider with “Visual Search” which can transform digital images from
any source into an investigative lead by finding matching vehicles based on the
vehicle attributes in the uploaded photo
○Flock Safety Falcon Flex™: an infrastructure-free, location-flexible license plate
reader camera that is easy to self install. Flock Safety Falcon Flex™ ties
seamlessly into the Flock Safety® ecosystem with a small and lightweight
camera with the ability to read up to 30,000 license plates and vehicle attributes
on a single battery charge
2. Integrated Cloud-Software & Hardware Platform:
○ Ability to capture two (2+) lanes of traffic simultaneously with a single camera
from a vertical mass
○ Best in class ability to capture and process up to 30,000 vehicles per day with a
single camera powered exclusively by solar power
○ Wireless deployment of solar powered license plate reading cameras with
integrated cellular communication weighing less than 5lbs and able to be
powered solely by a solar panel of 60W or less
○ Web based footage retrieval tool with filtering capabilities such as vehicle color,
vehicle type, vehicle manufacturer, partial or full license plate, state of license
plate, and object detection
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
ATTACHMENT 2
○Utilizes motion capture to start and stop recording without the need for a
reflective plate
○Motion detection allows for unique cases such as bicycle capture,ATV,
motorcycle,etc.
○On device machine processing to limit LTE bandwidth consumption
○Cloud storage of footage
○Covert industrial design for minimizing visual pollution
3.Transparency &Ethical Product Design:
○One-of-a-kind “Transparency Portal”public-facing dashboard that details the
policies in place by the purchaser,as well as automatically updated metrics from
the Flock Safety®system
○Built-in integration with NCMEC to receive AMBER Alerts to find missing children
○Privacy controls to enable certain vehicles to “opt-out”of being captured
4.Integrated Audio &Gunshot Detection:
○Natively integrated audio detection capabilities utilizing machine learning to
recognize audio signatures typical of crimes in progress (e.g.,gunshots)
5.Live Video Integration:
○Ability to apply computer vision to third-party cameras using Flock Safety Wing®
LPR,transforming them to evidence capture devices using the same Vehicle
Fingerprint technology offered on the Flock Safety Falcon®ALPR cameras
○Flock Safety Wing®Livestream integrates live stream traffic cameras,publicly or
privately owned livestream security cameras into one cloud-based situational
awareness dashboard to increase response time in mission-critical incidents
○Manage various government intelligence including ALPR,livestream cameras,
CAD,automatic vehicle location (AVL)on Flock Safety Wing®Suite
○Ability to access live and recorded video using Flock Safety Condor™,a
subscription video solution which allows officers to remotely view instant replay of
downloadable live on-scene video with PTZ controls and 25X optical zoom
without the need for additional camera network set-up,installation,or up-keep.
6.Partnerships:
○Flock Safety®is the only LPR provider to officially partner with AXON to be
natively and directly integrated into Evidence.com
1170 Howell Mill Rd.NW ·Suite 210,Atlanta,GA 30318
○Flock Safety®is the only LPR provider to be fully integrated into a dynamic
network of AXON’’s Fleet 3 mobile ALPR cameras for patrol cars and Flock
Safety Falcon®cameras
○Access to additional cameras purchased by our HOA and private business
partners,means an ever-increasing amount of cameras and data at no additional
cost
7.Warranty &Service:
○Lifetime maintenance and support included in subscription price
○Flock Safety®is the only fully integrated ALPR one-stop solution from production
of the camera to delivery and installation
○Performance monitoring software to predict potential failures,obstructions,tilts,
and other critical or minor issues
Thank you,
Garrett Langley CEO,Flock Safety®
1170 Howell Mill Rd.NW ·Suite 210,Atlanta,GA 30318