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HomeMy WebLinkAbout5.9 Agreement with Flock Group Inc. for Automated License Plate Readers and Situational Awareness Camera Technologysus DUBLIN STAFF REPORT CITY COUNCIL Agenda Item 5.9 DATE: TO: FROM: SU B.ECT: October 15, 2024 Honorable Mayor and City Councilmembers Colleen Tribby, City Manager Agreement with Flock Group Inc. for Automated License Plate Readers and Situational Awareness Camera Technology Prepared by: Kevin Monaghan, Lieutenant of Investigations EXECUTIVE SUMMARY: The City Council will consider approving the agreement with Flock Group Inc. for the replacement of current Automated License Plate Readers (ALPR) and situational awareness camera (Sitcam) technology. The agreement includes the procurement and installation of 22 ALPR Flock cameras and 60 Flock Sitcams to cover the identified locations. STAFF RECOMMENDATION: Adopt the Resolution Approving a Contract Services Agreement with Flock Group Inc. for Automated License Plate Readers and Situational Awareness Camera Technology. FINANCIAL IMPACT: The procurement and installation of a total of 82 cameras and software will cost $733,528, which includes a 10% contingency. This amount includes the leasing of hardware, installation, software, maintenance, support, set-up fees, and training. A second year of reoccurring annual costs of $289,072 has also been included as part of the total contract amount. The agreement will be funded with a combination of funds, as shown below, from the Situational Awareness Cameras Project (CIP No. GI0523) and a federal Community Oriented Policing Services (C.O.P.S.) technology and equipment grant that was awarded to the City. Project Funding Situational Awareness Cameras (CIP No. GI0523) $535.528 C.O.P.S Grant $198,000 Total $733,528 Subsequent reoccurring annual costs will be included in the City's Internal Services - Information Technology Fund, during the next budget cycle. Page 1 of 4 1 DESCRIPTION: For approximately the past seven years, Dublin Police Services (DPS) has effectively utilized ALPR and situational awareness camera (Sitcam) technology to enhance daily law enforcement operations. These technologies support vehicle identification, stolen vehicle recovery, and suspect identification, and provide valuable investigative leads. Since their implementation in November 2017, the City's ALPRs and Sitcams have proven to be invaluable, significantly contributing to vehicle recoveries and arrests and offering critical investigative insights across the community. However, as the current system has aged, it has become increasingly outdated and prone to malfunctions. To address these concerns, Staff explored updated technology solutions and identified Flock as the best platform to meet the needs of replacing the current ALPR and Sitcam technology. The determination was based on the comparison to the limitations of the current technology, including difficulties with reading legacy, motorcycle, and paper license plates. Flock's advanced technology offers improved reliability and functionality, promising a more versatile solution to meet our evolving needs. Benefits of Flock technology include the following: 1) Advanced Capabilities • State -of -the -Art Technology: Flock ALPR cameras utilize cutting -edge image processing algorithms and high -definition optics, significantly enhancing the accuracy and reliability of vehicle data capture. • Comprehensive Plate Reading: Unlike the City's current system, Flock cameras can accurately read legacy plates, motorcycle plates, and paper plates. • Multi -Lane Surveillance: Flock's technology enables effective multi -lane surveillance with fewer cameras, optimizing placement and reducing overall equipment requirements. 2) Enhanced Data Management • Cloud -Based Platform: Flock's cloud -based platform facilitates instant data access and advanced analytics, streamlining data management. • Improved Collaboration: The Flock platform promotes greater collaboration with local and regional law enforcement agencies, expanding Dublin's investigative resources and capabilities. Page 2 of 4 2 3) Cost -Effective Service Plan • Comprehensive Maintenance: Flock's subscription -based service plan includes comprehensive maintenance and repair services, ensuring higher equipment reliability and reducing repair costs and downtime. • Operational Efficiency: The current technology service plan lacks Flock's level of maintenance flexibility, as the City currently owns and is responsible for maintaining the cameras, often involving additional external vendors and causing delays in operational readiness. Numerous municipalities in Alameda County have recently integrated the Flock platform into their ALPR and Sitcam systems. By adopting Flock technology, DPS will enhance its law enforcement capabilities and enable staff to access and contribute to a broader network of ALPR data, thereby improving regional collaboration and effectiveness. Furthermore, Flock is the only system to offer a Real -Time Crime Center platform. Flock has the patented proprietary machine vision to analyze vehicle license plates, state recognition, and vehicle attributes such as color, type, make, and objects such as roof racks, and bumper stickers. Flock can also capture over two lanes of traffic simultaneously with a single camera, decreasing the number of cameras to cover any given location. Based on extensive research of the best locations for the Flock technology to optimize its capabilities, Staff recommends installing the equipment at most of the major intersections, including key ingress and egress points in the City. Many of the locations are the same locations as the previous technology, however, due to the enhanced capabilities of the Flock platform, additional locations can be covered with fewer cameras. The City Municipal Code establishes the procedures for making purchases and requires that major purchases more than $45,000 be awarded by the City Council. The award is to be made based on formal sealed bids unless one of the allowed exceptions is utilized. The Municipal Code contains a specific exception to the formal bid process when the City's requirement can be met solely by a single patented article or process (Dublin Municipal Code § 2.36.100(B)(1)). Accordingly, Staff determined the nature of this contract and purchase exempts it from the competitive bidding process. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving a Contract Services Agreement with Flock Group Inc. for Automated Page 3 of 4 3 License Plate Readers and Situational Awareness Camera Technology 2) Exhibit A to the Resolution - Contract Services Agreement Between the City of Dublin and Flock Group Inc. Page 4 of 4 4 Attachment I RESOLUTION NO. XX — 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A CONTRACT SERVICES AGREEMENT WITH FLOCK GROUP INC. FOR AUTOMATED LICENSE PLATE READERS AND SITUATIONAL AWARENESS CAMERA TECHNOLOGY WHEREAS, for the last seven years, Dublin Police Services has effectively utilized automatic license plate recognition (ALPR) and situational awareness camera technology to support daily law enforcement operations, including vehicle identification, recovery of stolen vehicles, and suspect identification; and WHEREAS, the current cameras and software are aging, are less reliable, and struggle with reading legacy plates, motorcycle plates, and paper license plates; and WHEREAS, Staff has identified Flock Group Inc. as the sole provider of replacement ALPR and situational awareness camera technology to the level and capability desired by the City; and WHEREAS, the procurement and installation of 22 ALPR Flock cameras, 60 situational awareness Flock cameras, and software to support a Real -Time Crime Center will cost $733,528, including a 10% contingency; and WHEREAS, the procurement of this technology will be funded through the approved Capital Improvement Program budget and C.O.P.S. grant funds; and WHEREAS, Section 2.36.100(B)(1) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City's requirement can be met solely by a single patented article or process. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin hereby approve the agreement, attached hereto as Exhibit A, with Flock Group Inc. BE IT FURTHER RESOLVED that the City Manager is authorized to execute this agreement and to take such other and further action, as necessary and appropriate to carry out the intention of this Resolution to execute contract change orders or to pay for unforeseen related costs including but not limited to traffic control work, or executing change orders that do not increase the compensation set forth in the Agreement. {Signatures on the following page} Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 2 5 Attachment I PASSED, APPROVED AND ADOPTED this 15th day of October 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 2 6 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND FLOCK GROUP INC THIS AGREEMENT for software and equipment maintenance and support for situational cameras is made by and between the City of Dublin ("City") and Flock Group Inc ("Contractor") (together sometimes referred to as the "Parties") as of October 15, 2024 (the "Effective Date"). WHEREAS, Contractor offers a software and hardware situational awareness solution through Contractor's technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to City ("Notifications"); WHEREAS, City desires access to the Contractor Services (defined below) on existing devices, provided by City, or Contractor provided Contractor Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Contractor Services; WHEREAS, City shall have access to the Footage in Contractor Services. Pursuant to Contractor's standard Retention Period (defined below) Contractor deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. City shall be responsible for extracting, downloading and archiving Footage from the Contractor Services on its own storage devices; and WHEREAS, Contractor desires to provide City the Contractor Services and any access thereto, subject to the terms and conditions of this Agreement, solely for legitimate business purposes, including but not limited to the awareness, prevention, and prosecution of crime, investigations, prevention of commercial harm, to the extent permitted by law ("Permitted Purpose"). Section 1. DEFINITIONS. 1.1 "Anonymized Data" means City 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 City accessing or using the Services, under the rights granted to City pursuant to this Agreement. 1.3 "City Data" means the data, media, and content provided by City through the Services. For the avoidance of doubt, the City Data will include the Footage. 1.4 "City Hardware" means the third -party camera owned or provided by City and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. 1.5 "Contractor Hardware" means the Contractor 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 Contractor Services as specifically set forth in the applicable Order Form. 1.6 "Contractor IP" means the Services, the Embedded Software, and any intellectual property or proprietary information on therein or otherwise provided to City and/or its Authorized End Users. Contractor IP does not include Footage (as defined below). Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 1 of 20 7 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution 1.7 "Contractor Services" means the provision of Contractor'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. 1.8 "Embedded Software" means the Contractor proprietary software and/or firmware integrated with or installed on the Contractor Hardware or City Hardware. 1.9 "Footage" means still images, video, audio, and other data captured by the Contractor Hardware or City Hardware in the course of and provided via the Contractor Services. 1.10 "Permitted Purpose" means for legitimate public safety and/or business purpose, including but not limited to the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law. 1.11 "Retention Period" means the time period that the City Data is stored within the cloud storage, as specified in the applicable Order Form. Contractor deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. City shall be responsible for extracting, downloading and archiving Footage from the Contractor Services on its own storage devices. 1.12 "Web Interface" means the website(s) or application(s) through which City and its Authorized End Users can access the Services. Section 2. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A and Exhibit B at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A or Exhibit B, the Agreement shall prevail. In the event of a conflict between Exhibit A and Exhibit B, Exhibit A shall prevail. 2.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on September 16, 2026, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8.. 2.2 Provision of Access. Contractor hereby grants to City a non-exclusive, non -transferable right to access the features and functions of the Contractor 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"). City shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by City. City 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. Contractor may use the services of one or more third parties to deliver any part of the Contractor Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage). 2.3 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 2 of 20 8 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution 2.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that the City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 2.5 City Obligations. Contractor will assist City Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Contractor 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. City and Authorized End Users may not transfer their account to anyone else without prior written permission of Contractor. 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, City shall not designate Authorized End Users for persons who are not officers, employees, or agents of City. Authorized End Users shall only use City -issued email addresses for the creation of their User ID. City is responsible for any Authorized End User activity associated with its account. City shall ensure that City provides Contractor with up-to-date contact information at all times during the Term of this agreement. City shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Contractor Services (e.g., laptops, internet connection, mobile devices, etc.). City shall (at its own expense) provide Contractor with reasonable access and use of City facilities and City personnel in order to enable Contractor to perform Services (such obligations of City are collectively defined as "City Obligations"). 2.6 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the "Term"). Unless otherwise indicated on the Order Form, the Term shall commence upon first installation of Contractor Hardware, as applicable. 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. 2.7 Embedded Software License. Contractor grants City 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 Contractor Services, solely as necessary for City to use the Contractor Services. 2.8 City Data. As between Contractor and City, all right, title and interest in the City Data, belong to and are retained solely by City. City hereby grants to Contractor a limited, non- exclusive, royalty -free, irrevocable, worldwide license to use the City Data and perform all acts as may be necessary for Contractor to provide the Contractor Services to City. Contractor does not own and shall not sell City Data. Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 3 of 20 9 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution 2.9 City Generated Data. Contractor may provide City 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 City ("City Generated Data"). City shall retain whatever legally cognizable right, title, and interest in City Generated Data. City understands and acknowledges that Contractor has no obligation to monitor or enforce City's intellectual property rights of City Generated Data. City grants Contractor a non-exclusive, irrevocable, worldwide, royalty -free, license to use the City Generated Data for the purpose of providing Contractor Services. Contractor does not own and shall not sell City Generated Data. 2.10 Anonymized Data. Contractor shall have the right to collect, analyze, and anonymize City Data and City Generated Data to the extent such anonymization renders the data non - identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. City hereby grants Contractor a non-exclusive, worldwide, perpetual, royalty -free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Contractor offerings. Parties understand that the aforementioned license is required for continuity of Services. Contractor does not own and shall not sell Anonymized Data. 2.11 Usage Restrictions on Contractor IP. Contractor and its licensors retain all right, title and interest in and to the Contractor IP and its components, and City acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. City further acknowledges that Contractor retains the right to use the foregoing for any purpose in Contractor's sole discretion. City and Authorized End Users shall not: (i) copy or duplicate any of the Contractor 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 Contractor IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Contractor IP; (iii) attempt to modify, alter, tamper with or repair any of the Contractor 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 Contractor IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Contractor Services or Contractor IP; (vi) use the Contractor 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, City's rights. There are no implied rights. 2.12 Support Services. Contractor shall monitor the Contractor Services, and any applicable device health, in order to improve performance and functionality. Contractor will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Contractor will provide the City 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"). Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 4 of 20 10 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution 2.13 Upgrades to Platform. Contractor may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Contractor's products or services to its agencies; the competitive strength of, or market for, Contractor'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. 2.14 Service Interruption. Services may be interrupted in the event that: (a) Contractor's provision of the Services to City or any Authorized End User is prohibited by applicable law; (b) any third -party services required for Services are interrupted; (c) if Contractor reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Contractor IP by a third party; or (e) scheduled or emergency maintenance ("Service Interruption"). Contractor will make commercially reasonable efforts to provide written notice of any Service Interruption to City, to provide updates, and to resume providing access to Contractor Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Contractor will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that City or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by City's direct actions or by the actions of parties associated with the City, 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, City will receive a credit for five (5) free days at the end of the Term. 2.15 Service Suspension. Contractor may temporarily suspend City's and any Authorized End User's access to any portion or all of the Contractor IP or Contractor Service if (a) there is a threat or attack on any of the Contractor IP by City; (b) City's or any Authorized End User's use of the Contractor IP disrupts or poses a security risk to the Contractor IP or any other City or vendor of Contractor; (c) City or any Authorized End User is/are using the Contractor IP for fraudulent or illegal activities; (d) City has violated any term of this provision, including, but not limited to, utilizing Contractor Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Contractor Services through City's account ("Service Suspension"). City 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 City, the Term will be tolled by the duration of the Service Suspension. 2.16 Ownership of Hardware. Contractor Hardware is owned and shall remain the exclusive property of Contractor. Title to any Contractor Hardware shall not pass to City upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, City is not permitted to remove, reposition, re -install, tamper with, alter, adjust or otherwise take possession or control of Contractor Hardware. City agrees and understands that in the event City is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 5 of 20 11 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution void, and this Agreement shall be subject to immediate termination for material breach by City. City shall not perform any acts which would interfere with the retention of title of the Contractor Hardware by Contractor. Should City default on any payment fee of the Contractor Services, Contractor may remove Contractor Hardware at Contractor's discretion. Such removal, if made by Contractor, shall not be deemed a waiver of Contractor's rights to any damages Contractor may sustain as a result of City's default and Contractor shall have the right to enforce any other legal remedy or right. 2.17 Manufacturer Defect. Upon a malfunction or failure of Contractor Hardware or Embedded Software (a "Defect"), City must notify Contractor's technical support team. In the event of a Defect, Contractor shall make a commercially reasonable attempt to repair or replace the defective Contractor Hardware at no additional cost to the City. Contractor reserves the right, in its sole discretion, to repair or replace such Defect, provided that Contractor shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after City gives notice to Contractor. 2.18 Replacements. In the event that Contractor Hardware is lost, stolen, or damaged, City may request a replacement of Contractor Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that City chooses not to replace lost, damaged, or stolen Contractor Hardware, City understands and agrees that Contractor is not liable for any resulting impact to Contractor service, nor shall City receive a refund for the lost, damaged, or stolen Contractor Hardware. Section 3. COMPENSATION. City hereby agrees to pay Contractor as per the compensation schedule in Exhibit C, notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed and reimbursable costs incurred under this Agreement. Notwithstanding the foregoing, an additional 10% contingency is available for additional services not listed in Exhibit C, but only with the City Manager's approval, for a not to exceed amount of $733,528. In the event of a conflict regarding the amount of compensation between this Agreement and Contractor's proposal, this Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. The Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 3.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 6 of 20 12 Docusign Envelope ID: 5E1 F324F-00F2-457E-901 F-642FA144DEAB Attachment 2 Exhibit A to the Resolution bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder; • The Contractor's Signature; • Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable. 3.2 'Intentionally deleted'. 3.3 'Intentionally deleted'. 3.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 3.5 'Intentionally deleted]. 3.6 'Intentionally deleted]. 3.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. If Contractor has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which City is responsible, the appropriate amount shall be invoice to and paid by City unless City provides Contractor a legally sufficient tax exemption Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 7 of 20 13 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution certificate and Contractor shall not charge City any taxes from which it is exempt. If any deduction or withholding is required by law, City shall notify Contractor and shall pay Flock any additional amounts necessary to ensure that the net amount that Contractor receives, after any deduction and withholding, equals the amount Contractor would have received if no deduction or withholding had been required. 3.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 3.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 3.10 Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide Customer with sixty (60) days' notice (email sufficient) prior to the end of the Initial Term or renewal term (as applicable). Any such changes to fees shall only impact subsequent renewal terms. Section 4. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein. City represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Contractor to install the Contractor Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation. 4.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 8 of 20 14 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request. Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS. Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. Contractor 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 Contractor is to perform services under this Agreement, Contractor shall have the right to cease work immediately. Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project's safety engineer. Contractor shall bear all costs in connection with meeting the requirements of this section. Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 9 of 20 15 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution 4.2 Deployment Plan. Contractor shall advise City on the location and positioning of the Contractor Hardware for optimal product functionality, as conditions and locations allow. Contractor will collaborate with City to design the strategic geographic mapping of the location(s) and implementation of Contractor Hardware to create a deployment plan ("Deployment Plan"). In the event that Contractor determines that Contractor Hardware will not achieve optimal functionality at a designated location, Contractor shall have final discretion to veto a specific location, and will provide alternative options to City. 4.3 Changes to Deployment Plan. After installation of Contractor Hardware, any subsequent requested changes 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). City will receive prior notice and confirm approval of any such fees. 4.4 Installation and Removal Standards. Contractor shall install all Contractor Hardware in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Contractor Hardware, Contractor shall restore the location to its original condition, ordinary wear and tear excepted. 4.5 Performance Standards. Contractor will continue to monitor the performance of Contractor Hardware for the length of the Term. Section 5. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 5.1 Workers' Compensation. 5.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self - Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 10 of 20 16 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. 5.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following: a. Certificate of Workers' Compensation Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 5.2 Commercial General and Automobile Liability Insurance. 5.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non -owned automobiles. 5.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 5.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 11 of 20 17 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 5.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 5.3 All Policies Requirements. 5.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 5.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 5.3.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self -insured retentions and deductibles Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 12 of 20 18 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5.3.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense). 5.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City. 5.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor's breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement. Section 6. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorneys' fees and costs and fees of litigation) (collectively, "Liability") on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person resulting from Contractor's installation of Contractor Hardware, except for where such damage or injury was caused solely by the sole negligence of the City or its agents, officers or employees. The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 13 of 20 19 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 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. Section 7. STATUS OF CONTRACTOR. 7.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City's business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 7.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 14 of 20 20 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 8. LEGAL REQUIREMENTS. 8.1 Governing Law. The laws of the State of California shall govern this Agreement. 8.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 8.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 8.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 8.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic"), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 9. TERMINATION AND MODIFICATION. Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 15 of 20 21 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution 9.1 Termination. Upon termination or expiration of this Agreement, Contractor will remove any applicable Contractor 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 Contractor, and Contractor is unable to cure within the Cure Period, Contractor will refund City a pro-rata portion of the pre -paid fees for Services not received due to such termination. 9.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 9.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 9.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 9.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 9.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 9.6.1 Immediately terminate the Agreement; Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 16 of 20 22 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution 9.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 9.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or Section 10. KEEPING AND STATUS OF RECORDS. 10.1 Records Created as Part of Contractor's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 10.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 10.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 11. MISCELLANEOUS PROVISIONS. Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 11.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 17 of 20 23 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 11.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 11.5 Successors and sub'. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 11.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. 11.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 11.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 11.9 Notices. Any written notice to Contractor shall be sent to: Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 18 of 20 24 Docusign Envelope ID: 5E1 F324F-00F2-457E-901 F-642FA144DEAB Attachment 2 Exhibit A to the Resolution Flock Group Inc Attn: Mark Smith 1170 Howell Mill Rd, Suite 210 Atlanta, GA 30318 Any written notice to City shall be sent to: City of Dublin Attn: Police Services 6361 Clark Avenue Dublin, CA 94568 11.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Exhibit B Exhibit C Scope of Work Scope of Work —Contractor Standards Compensation Schedule & Reimbursable Expenses 10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City -approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party. 10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Page 19 of 20 25 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution CITY OF DUBLIN FlockGroupInc. �ignsdaby: •=AE5C931 WI:: Colleen Tribby, City Manager Attest: Marsha Moore, City Clerk Approved as to Form: City Attorney Services Agreement between City of Dublin and Flock Group Inc Mark Smith, General Counsel October 15, 2024 Page 20 of 20 26 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution EXHIBIT A SCOPE OF WORK Hardware and Software products. Contract will provide and implement the various hardware and software products described under "Contractor Safety Platform" in Exhibit B in the quantities therein described. Contractor's services include implementation at the locations designated by the City. Services Agreement between October 15, 2024 City of Dublin and Flock Group Inc Exhibit A - Page 1 of 1 27 Docusign Envelope ID: 5E1 F324F-00F2-457E-901 F-642FA144DEAB Attachment 2 Exhibit A to the Resolution EXHIBIT B SCOPE OF WORK —CONTRACTOR STANDARDS Services Agreement between October 15, 2024 City of Dublin and Flock Group Inc Exhibit B - Page 1 of 47 28 Exhibit B - Scope of Work Attachment 2 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Electrical Service fH'ock safety 29 Attachment 2 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Electrical Services Electrical services allow us to give higher quality, lower cost installs for customers. Best used in cases where: • Customer doesn't have in house electricians • Condor and Falcon LR that requires AC • Winter markets To be eligible for Electrical Services: • Confirm feasibility filling out entire: AC Power Checklist • Confirm customer agrees to fees fI'ock safety Product Electrical Services: Electrical connection and maintenance services for AC powered devices by Flock qualified electrical workers. Locations Offered 85% of AC Power within the top 10 states we have approval. Can subcontract until we have approval Pricing Options ARR: $500 / yr with standard $150 fee Fee: $1,250 imp. fee Relocation from Flock Pole to AC: $3,000 Relocation from AC to AC: $1,500 We may need to subcontract to third party electricians in certain markets, but should still offer these services to simplify installations for our customers. Individual state requirements are being tracked here. Attachment 2 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Photocell Attachment Pulling power from the photocell power tap adapter port on the top of the street light up to 40' to the disconnect box Approved Installations • Light pole with open power tap adapter • Continuous power to the pole • 120V or 240V 0 277V requires step down! This is the best case and should be first priority fI'ock safety Attachment 2 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB In Pole Power Tapping into existing power lines inside the pole. Common for street lights Approved Installations • Constant 120 or 240V AC power is required. o No centralized timing circuits for light poles! • We have permission to cut and tap into power in the light pole. • Note: because of the large variety of light poles, we will require a pre -booking site survey to investigate the site's power source. Unlikely to be available in parking lots or parks fI'ock safety Attachment 2 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Aerial Installations Tapping into Utility Pole or other pole (light, traffic signal) that is currently being powered by an aerial Approved Installations • Utility line is 120 or 240V AC • Can work outside of the minimum approach distance of high voltage lines (>4' away from high voltage distribution lines) • No visually damaged electrical infrastructure • Note: depending on our relationship with the utility company, we may or may not be able to make the final connection Best for City Owned Utilities fI'ock safety Primary Insulator Device used to *tide the wood wwm e froIn*go d Ipole or crassarl. lac oboe where pnmary wires (600 V.) ors attached location where sec- ondary *Ares (S0-500 vl are eta c had. location where teleramnurn- an.ns wire. (telephone, nobluon 7- and titter optic sl are anachad Locator wn .ddmonei protective *teals are used to anoints bite salary PRIMARY LEVEL SECONDARY LEVEL COMMUNICATION LEVEL Secondary Rack & Wires Used to %.(:poor and Isolate to •roh g• worse hem the pole. lo oo hd to wav d and dreamt a.e pole. High-Vokage Sign Allows utility workers to know the voltage level of wires et the location on Ow pole. Nigh voltage is anchor/ over g00 V Fuse P rotects. dente used to viola. the equipment Iron the h rgh•voha0. Ors. Transformer Used to step down prowl yokel's power to secondary voltage power teble ter r.std•nnall. g. 120 V/ 240 V) and cmmmwrti.l customers leg. 120 VR00 V and 277 Ve120 VI. Secondary Insulator Dust.s used to mole. the wee from the wood Wood Polo Risers PVC pipe that encases the prirnary and secondary tables. Ground Moulding Wood product used lo <over the ground wore along the length of the poet. Down Guy Metal woe .Slashed to dw /road met rppom dw path Attachment 2 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Underground Power Pulling power underground from a traffic signal cabinet through conduit to a pole NOT APPROVED • We have a contact at the agency who will give us access to the signal cabinet • We know that there is <120' of conduit from the signal cabinet to the pole. • Note: these will require pre closed won site surveys to validate safety and feasibility This is the most complex and should be managed by the customer. or a new location selected fI'ock safety Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Customer Implementation Guide Law Enforcement H'ock safety Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Table of Contents Implementation Timeline 2 Flock Safety Team 3 Implementation Service briefs: Existing Infrastructure 6 vs Standard vs Advanced • Existing Infrastructure Implementation • Standard Implementation • Advanced Implementation Things to Consider When Selecting Locations 12 Customer Responsibilities: AC -Powered Cams 14 Electrician Handout 15 • Electrician Installation Steps • FAQs about AC -Powered Flock Cameras Installation Service Brief Summary 18 Permitting: Pre -Install Questionnaire 19 1. Timeline 2. Right of Way 3. AC Power vs. Solar 4. Traffic Control & Installation Methods 5. Paperwork & Required Forms 6. Contacts *Fee Schedule 21 Help Center 22 Customer Support 22 CUSTOMER IMPLEMENTATION GUIDE: LAW ENFORCEMENT ftock safety 1 36 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Implementation Timeline 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: REVIEW LOCATIONS FINALIZE LOCATIONS STEP 1 • 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 PLEASE NOTE: If Public Works is required to move forward, please obtain approval 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 needed • If permits are required, begin application process • If camera will be AC -powered, hire an electrician/street department • 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 PLEASE NOTE: 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 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 PLEASE NOTE: Call 811 is a government service, so turnaround times may vary and is outside of Flock control 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 ftock safety 2 37 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Flock Safety Team Implementation Team How They Will Support You A Project Manager Your Project Manager is your primary contact during camera installation. 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. 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 all Installation questions or concerns, please always direct them to your Customer Success Manager and not the technician. flock safety 3 38 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Relationship Team How They Will Support You 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 Training • Understand benefits of features • Learning best practices for getting relevant data • Identifying opportunities to expand the security network in your area • Provide feedback on your partnership with Flock Flock Safety Support The Flock Safety Support team is committed to answering all your day-to-day questions as quickly as possible. To get in touch with support, simply email support@flocksafety.com or call 866-901-1781 Mon -Fri 8am-8pm EST. Support can help you: • Request camera maintenance • Troubleshoot online platform • Contract / Billing questions • Update account information • Camera Sharing questions • Quick "How to" questions in your Flock Account n'ock safety 4 39 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Outside Party When They May Be Involved Electrician/Street Department If the Flock cameras need to be AC powered, you (customer) are responsible for providing an electrician to ensure power connectivity Public Works (LE) To weigh in on the use of public Rights of Way or property Department of Transportation (DOT), City, or County agencies If installation in your area requires permitting PLEASE NOTE: On some occasions, third parties outside of Flock Safety may be (or need to be) involved in your implementation. fH'ock safety 5 40 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Implementation Service Briefs: Existing Infrastructure vs Standard vs Advanced Existing Infrastructure Install Standard Install Advanced Install Pole None Flock NCHRP 350 / MASH Timeline Short Medium Longest Cost Lowest Mid Highest Existing Infrastructure Implementation COST: $150 per camera (one time cost) Included In Scope: Once designated locations are approved by the customer, as part of the Existing Infrastructure Implementation Service 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.) o 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: o Installation of camera and solar panel or AC adapter box on a suitable existing pole flock safety 6 41 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 • 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 electrical wiring requirements. 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. o Access requiring up to a 14' using an A -frame ladder o Standard MUTCD traffic control procedures performed by a Flock technician • Obtain a business license to operate in the city and state of camera location Out Of Scope: By default, Flock does not include the following as part of the Existing Infrastructure Implementation Service 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' system • Installation of any poles including but not limited to o Standard, 12' above grade Flock breakaway pole o 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 access • Site -specific engineered traffic plans • Third -party provided traffic control • State or city -specific specialty contractor licenses or unique attachment/ connection requirements • Custom engineered drawings • Electrical work requires a licensed electrician. ffock safety 7 42 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 o 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 cutting • 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 permits • Licensing or attachment agreements with asset / infrastructure owners • Utility contracts and billing • Customer requested relocations (see fee schedule) Standard Implementation COST: $650 per camera (one time cost) Included In Scope: Once designated locations are approved by the customer, as part of the Standard Implementation Service 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 installation o Engage 811 'Call -before -you -Dig' system to receive legal dig date o Apply approved markings Coordinate with 811 regarding any necessary high -risk dig clearances or required vendor meets • Each installation may include the following: o Installation of camera and solar panel with standard, 12' above grade Flock breakaway pole ftock safety 8 43 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 o 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 electrical wiring requirements. 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. o Access requiring up to a 14' A -frame ladder o Standard MUTCD traffic control procedures performed by a Flock technician • Obtain a business license to operate in the City and State of camera location Out Of Scope: By default, Flock does not 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 access • Site -specific engineered traffic plans • Third -party provided traffic control • State or city -specific specialty contractor licenses • Custom engineered drawings • Electrical work requires a licensed electrician. o 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 cutting • Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc.) ffock safety 9 44 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 • 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 permits • Licensing or attachment agreements with asset / infrastructure owners • Utility contracts and billing • Customer requested relocations (see fee schedule) Advanced Implementation COST: $1,900 per camera (one time cost) Included In Scope: Once Designated Locations are confirmed, as part of the Advanced Implementation Service, 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 installation o Engage 811 'Call -before -you -Dig' system to receive legal dig date o Apply approved markings Coordinate with 811 regarding any necessary high -risk dig clearances or required vendor meets • Each installation may include the following: o Installation of camera and solar panel on a suitable NCHRP 350 or MASH approved pole. o 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 electrical wiring requirements. Flock cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). f i ock safety 10 45 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Electrical work requiring a licensed electrician and associated costs, not included in the scope. o Access requiring up to a 14' A -frame ladder o Standard MUTCD traffic control procedures performed by a Flock technician • Obtain a business license to operate in the City and State of camera location Out Of Scope: By default, Flock does not include the following as part of the Advanced Implementation Service but can optionally provide a quote for sourcing (additional cost): • Installation on Standard, 12' above grade Flock breakaway pole or existing infrastructure. • A Bucket Truck for accessing horizontal/cross-beams and/or height above 14' • Special equipment rentals for site access • Site -specific engineered traffic plans • Third -party provided traffic control • State or City -specific specialty contractor licenses • 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 cutting • 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 ffock safety 11 46 Things to Consider When Selecting Locations Falcon Cameras • Use Cases o Flock LPRs are designed to capture images of rear license plates aimed in the direction of traffic. o Flock LPRs are not designed to capture pedestrians, sidewalks, dumpsters, gates, other areas of non -vehicle traffic, intersections. • Placement o They capture vehicles driving away from an intersection. o They cannot point into the middle of an intersection. o They should be placed after the intersection to prevent stop and go motion activation or "stop and go" traffic. • Mounting o They can be mounted on existing utility, light, traffic signal poles, or 12 foot Flock poles.* o 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. * 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. ftock safety 12 47 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Solar Panels Solar panels need unobstructed southern -facing views. Pole If a location requires a "DOT Pole" (i.e., Advanced Pole, not Flock standard pole), the implementation cost will be $5,000/camera. .,1 frock safety 13 48 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Customer Responsibilities: AC -Powered Cams If the Flock cameras need to be AC -powered, the customer is responsible for acquiring an electrician and ensuring they connect the camera to power. See steps 2 and 6 below. How to Get Started with a Powered Install F ' 1. Create a Deployment Plan ea Work with us to select the best location(s) for Flock Safety cameras and power sources 120v 2. Acquire an Electric Quote Contact an electrician to receive a quote to run 120volt AC power to the camera 3. Sign Flock Safety Agreement Sign the Flock Safety purchase order to begin the installation of cameras 4. Conduct Site Survey Flock will mark camera locations, locate underground utilities and mark if present 5. Install Camera Flock will install the camera and AC power kit at the specified camera location 6. Connect Camera to Power Notify the electrician that the camera is ready for the power connection installation flock safety 14 49 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Electrician Handout Electrician Installation Steps 1. Run AC cable and conduit to the box according to NEC Article 300 and any applicable local codes. The gland accepts'/2" conduit. 2. Open the box using hinges. 3. Connect AC Mains per wiring diagram below: a. Connect AC Neutral wire to the Surge Protector white Neutral wire using the open position on the lever nut. b. Connect AC Line wire to the Surge Protector black Line wire using the open position on the lever nut. c. 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 120VAC FROM LIGHT POLE SURGE PROTECTOR r1 AC/DC CONVERTER 2AV BOW RED PANEL LIGHT CAMERA ACAL ACM 114I V. v R • frock safety 15 50 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 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. ftock safety 16 51 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 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 AC -Power Kit Details 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. ffock safety 17 52 Installation Service Brief Summary Below outlines the statement of work for the Flock Camera Installation: What Is Covered By Flock What Is NOT Covered By Flock Special Note Flock Cameras & Online Platform Traffic Control And Any Associated Costs Mounting Poles *DOT Approved Pole Cost Electrician & Ongoing Electrical Costs AC Power Kit (As Needed) Engineering Drawings Solar Panels (As Needed) Relocation Fees Excluding Changes During Initial Installation Site Surveys And Call 811 Scheduling Contractor Licensing Fees Installation Labor Costs Permit Application Processing Fees Customer Support / Training Specialist Mounting Equipment Including, But Not Limited To, **MASH Poles Or Adapters Cellular Data Coverage Bucket Trucks Maintenance Fees (Review Fees Sheet For Loss, Theft, Damage To Flock Equipment More Details) Data Storage For 30 Days Camera Downtime Due To Power Outage Only Applicable For AC -Powered Cameras ***Field Technician Maintenance For Falcon" Flex *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 fH'ock safety 18 53 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Permitting: Pre -Install Questionnaire 1. Timeline • In Flock Safety's experience, in-depth permitting requirements can add 2+ months to the installation timeline. • The SLA for permit document submission is within 15 days from contract signature date (contract Closed -Won) 2. Right of Way • 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)? o What is the RoW buffer? o 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)? o 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. 3. AC Power vs. Solar • 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 installation kit? • If solar -powered, consider the size of the solar panel and potential to impact the visibility of DOT signs/signals: o Single Panel: 21.25" x 14" x 2" (Length x Width x Depth) o Double Panel: 21.25" x 28" x 2" (LxWxD) 4. Traffic Control & Installation Methods • If a bucket truck is required, this typically necessitates an entire lane to be blocked in the direction of travel. Can you provide a patrol car escort, or will full traffic control be required?* PLEASE NOTE: If traffic control is required, you may incur additional costs due to city/state requirements; Fees will be determined by quotes received. frock safety 19 54 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 • If full traffic control is required (cones, arrow boards, etc.): o 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 (MUTCD). o 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? o Are there state -specific special versions/variances that must be followed? • If a bucket truck is not required, the shoulder or sidewalk should suffice and enable Flock Safety to proceed without traffic control systems in place. o 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? 5. Paperwork & Required Forms • 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. 6. Contacts • If Flock Safety needs to interface directly with the departments, please share the contact information of the following departments: o Permitting o Public Works o Traffic Department f i ock safety 20 55 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 *Fee Schedule 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 Flock o 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 https://www.flocksafety.com/reinstall-fee-schedule • Misc billables for out of scope items for each implementation Incurred Fees: • Camera relocation o Existing infrastructure (non -AC powered) $350 o Flock pole (non -AC powered) $750 o Advanced pole (non -AC powered) $5000 • Replacements o Camera only as a result of vandalism, theft, or damage $800 o Pole replacement only as a result of vandalism, theft, or damage • Flock pole $500 • Advanced pole $5000 o Full replacement as a result of vandalism, theft, or damage o • Flock pole, camera, and solar (non -AC Powered) $1300 • Advanced pole, camera, and solar (non -AC Powered) $5800 ftock safety 21 56 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 • Trip charge $350 o Examples: ■ Angle adjustment (elective) ■ Install additional Flock signage 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: How do I search camera footage? How do l 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? (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 reset my / another user's password? Customer Support You can reach our customer support team anytime by emailing support@flocksafety.com. They can help answer any "How -To" questions you may have. frock safety 22 57 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Customer Implementation Guide Law Enforcement 'ock safety Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Table of Contents Implementation Timeline 2 Flock Safety Team 3 Implementation Service briefs: Existing Infrastructure vs 6 Standard vs Advanced AC Power Implementation: Flock vs Customer Responsibility 9 Things to Consider When Selecting Locations 11 AC -Powered Install Process 12 Installation Service Brief Summary 13 Permitting: Pre -Install Questionnaire 14 1. Timeline 2. Right of Way 3. AC Power 4. Traffic Control & Installation Methods 5. Paperwork & Required Forms 6. Contacts Fee Schedule 15 Customer Support 16 CUSTOMER IMPLEMENTATION GUIDE ftock safety 1 59 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Implementation Timeline This timeline provides general guidance and understanding of your installation process. While we typically complete installations a few months after locations have been finalized, more time can be required as noted in the timeline below: REVIEW LOCATIONS FINALIZE LOCATIONS • Confirm Camera Locations With Your Sales Representative FLOCK: Your sales representative and/or Solutions Consultant will present several viable options for camera locations CUSTOMER: Review Deployment Plan & approve camera locations PLEASE NOTE: If Public Works is required to move forward, please obtain approval STEP1 • STEP 2 STEP 3 Prepare For Finalized Camera Locations FLOCK: Confirm Deployment Plan and signed agreement. Flock will move forward with next steps for locations that don't need permits (minimum 5 locations needed to move forward with partial installation) CUSTOMER: Prepare the below items, as needed: • If permits are required, begin application process • If a pole needs to be installed, hire a contractor to install • If existing or new pole isn't wired for AC power, hire an electrician / street dept. Conduct On -Site Survey (If Needed) FLOCK: For existing infrastructure, a separate site survey visit is not needed. But if the customer has had a pole installed or needs review of AC power, Flock technician conducts a site survey to (1) evaluate/reconfirm continuous AC power access, (2) check field of view for the video camera, (3) evaluate/reconfirm cellular service in the area. PLEASE NOTE: 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 the timeline for implementation. Schedule Installation FLOCK: Flock will (1) ship any site -specific material that the technician does not have locally (2) schedule the installation date. PLEASE NOTE: As Flock Safety Condor camera installs are typically 20ft or higher, a bucket truck will be required and traffic control as needed per the Deployment Plan Install, Validate, & Power Cameras FLOCK: At time of installation, the Flock technician will confirm that cameras are capturing footage well and functioning properly. Your Onboarding Specialist will then give you full access to the system along with helpful training resources. CUSTOMER: Coordinate with the electrician / street department to make the final AC powered connection to the compute box (if needed). Discuss with Flock if there would be an opportunity to add this service to your contract for an additional fee. ONGOING - AS NEEDED • Finalize Any Installation Needs FLOCK: While we typically complete installs within 6-8 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 operational. ftock safety 2 60 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Flock Safety Team Implementation Team How They Will Support You Project Manager Field Operations Team Your Project Manager is your primary contact during camera installation. 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 operational before notifying you of the need to make the AC power connection (if required) and transitioning you to your Customer Success Manager. • 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 all Installation questions or concerns, please always direct them to your Customer Success Manager and not the technician. } flock safety 3 61 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Implementation Team How They Will Support You 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 Training • Understand benefits of features • Learning best practices for getting relevant data • Identifying opportunities to expand the security network in your area • Provide feedback on your partnership with Flock Flock Safety Support The Flock Safety Support team is committed to answering all your day-to-day questions as quickly as possible. To get in touch with support, simply email support@flocksafety.com. Support can help you: • Request camera maintenance • Troubleshoot online platform • Contract / Billing questions • Update account information • Camera Sharing questions • Quick "How to" questions in your Flock Account fH'ock safety 4 62 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Outside Party When They May Be Involved Electrician/Street Department Since the compute box needs to be AC powered, you (customer) are responsible for providing an electrician to ensure power connectivity unless Flock provided electrical services are specified Public Works (LE) To weigh in on the use of public Rights of Way or property Department of Transportation (DOT), City, or County agencies If installation in your area requires permitting PLEASE NOTE: On some occasions, third parties outside of Flock Safety may be (or need to be) involved in your implementation. fH'ock safety 5 63 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Implementation Service Briefs: Existing Infrastructure vs Customer Installed Pole Existing Infrastructure Customer Install Installed Pole Pole Existing Customer Installed Timeline Short Variable Cost Lowest Variable Please Note. Locations where the customer will be installing a pole have the same scope of work for Flock as an existing infrastructure install. Please work with a contractor to meet the minimum pole diameter and height requirements for Condor. We recommend a pole with 4" or larger diameter and a height of around 20' (pole height based on customer use case). Regarding footing or structural elements, Flock does not provide any guidance as this is assessed by customer contractor. Existing Infrastructure Implementation COST: $750 per camera (one time cost) Prices exclude AC power connection and/or electrician services Included In Scope: Once designated locations are approved by the customer, as part of the Existing Infrastructure Implementation Service Flock will perform the following: • An in -person site survey to confirm the feasibility of a location (if needed) • Confirm that a location is safe for work by following State utility locating procedures. • Each installation includes the following: • Installation of AC powered compute box and camera on a suitable existing pole ftock safety 6 64 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 • Existing infrastructure such as existing utility, light, and traffic signal poles with sufficient clearance for hardware attachment. • Compute box placed 12-14' high and no farther than 20' from camera • Flock will provide and mount the necessary hardware based on the existing pole type that a qualified electrician can connect to AC power following our install Compute Box AC Power Handout. Flock is unable to make any AC connections or boreholes in any material other than dirt, grass, loose gravel. Electrical work requiring a licensed electrician and associated costs, not included in the scope. o Camera placed at least 14' up to 30' on the pole o Access up to a 14' using an A -frame ladder or 30' using a bucket truck o Standard MUTCD traffic control procedures performed by a Flock technician • Obtain a business license to operate in the city and state of camera location Out Of Scope: By default, Flock does not include the following as part of the Existing Infrastructure Implementation Service but can provide a quote for sourcing at an additional cost: • Mounting on mast arms (not supported for Flock Safety Condor) • Call 811 'Call -before -you -Dig' system • Installation of any poles including but not limited to o Standard, 12' above grade Flock breakaway pole o NCHRP 350 or MASH approved pole (as may be required for locations in DOT right of way) • Special equipment rentals for site access • Site -specific engineered traffic plans • Third -party provided traffic control • State or city -specific specialty contractor licenses or unique attachment/ connection requirements • Custom engineered drawings • Electrical work requires a qualified electrical worker or licensed electrician. f''ock safety 7 65 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 o Flock will provide and mount the necessary hardware based on the existing pole type 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) unless specified in the contract. • Concrete cutting • 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 permits • Licensing or attachment agreements with asset / infrastructure owners • Utility contracts and billing • Customer requested relocations (see fee schedule) flock safety 8 66 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 AC Power Implementation: Flock vs Customer Responsibility Condor requires AC power and existing infrastructure. While some customers may have staff that can do electrical installations and own their own poles, many will require a third party to perform this work. Flock offers electrical connection services on the most common installation types. There are two options for paying for electrical services, both which replace the standard implementation fee: Incurred Fees: YEARLY DEVICE ELECTRICAL SERVICE SUBSCRIPTION with $150 implementation fee $500 ELECTRICAL SERVICE IMPLEMENTATION FEE $ 1,250 If a location needs to be relocated at the customer's request and the new location also requires AC power, we charge a $1,500 relocation fee. The four types of service are Power Tap Adapter, Aerial Hookup, In -Pole Power, or Underground Power. These options are subject to review for viability before moving forward. This may mean surveying the site before contract signature to collect information about the power availability at the installation site. 1. Power Tap Adapter Included in scope: Pulling power from a street light power tap. This is our preferred option as it's plugging into an existing socket. Approved Installations: • Light pole with open power tap adapter • Consistent power to the pole ftock safety 9 67 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 2. Aerial Hookup Included in scope: Tapping into distribution lines from the utility. Approved Installations: • 120 or 240V AC • Can work outside of the minimum approach distance of high voltage lines • No visually damaged electrical infrastructure 3. In -Pole Power Included in scope: Tapping into existing power lines inside the pole. Approved Installations: • Constant 120 or 240V AC power is required. No centralized timing • We have permission to cut and tap into power in the light pole. 4. Underground Power Included in scope: Pulling power underground from a traffic signal cabinet through conduit to a pole. Approved Installations: • We have a contact at the agency who will give us access to the signal cabinet • We know that there is <120' of conduit from the signal cabinet to the pole. • Note: these will require pre closed won site surveys to validate safety and feasibility ftock safety 10 68 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attach 2 Things to Consider When Selecting Locations Compute Box & Camera (PTZ Or Fixed) USE CASES • Following vehicles across the city through multiple intersections. • Keeping an eye on high crime areas with a wide field of view. PLACEMENT R • • PTZ cameras have 360 degree range of movement, but need to consider the `blind spot' created by mounting on a pole. • Fixed cameras capture vehicles and activity within the field of view where they are angled. Should consider desired field of view and zoom when determining distance from road and mounting height MOUNTING • The camera and compute box should be mounted on existing utility, light, traffic signal poles or customer installed poles.* • The typical mounting approach is one per pole, but if there is sufficient clearance on the pole for both compute boxes and cameras they can be mounted 2 per pole. • The compute box is designed to be pole mounted, but please review any other desired mounting types (e.g. hard -surface mounted, etc.) with your project manager. The minimum length requirement for Tapcon screws is 1 1/4" when mounting to hard surfaces. • The preferred AC power connection is direct wire -in. In special cases can also support a Tight pole power tap or GFCI outlet** • They will require adequate cellular service using AT&T FN. * Permitting (or permission from pole owner) may be required to use existing infrastructure or install in specific areas, depending on local regulations & policies. ** Flock does not provide Electrical services unless specified in the contract. Once installed, the agency or community must work with an electrician to wire the cameras. No evidence will be collected until the AC connection is completed as there is no battery in the camera or compute box. f''ock safety 11 69 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 AC -Powered Install Process Since the compute box is required to be AC -powered, the customer is responsible for both ensuring the pole has continuous AC power and acquiring an electrician and ensuring they connect the camera to power, unless using Flock provided electrical services. See steps 2 and 6 below. How to Get Started with a Powered Install 1. Create a Deployment Plan O Work with us to select the best location(s) for Flock Safety cameras and power sources 120v L1 2. Acquire an Electric Quote (if customer responsible) Contact an electrician to receive a quote to run 120volt AC power to the camera 3. Sign Flock Safety Agreement Sign the Flock Safety purchase order to begin the installation of cameras 4. Conduct Site Survey (if necessary) Flock will mark the camera locations, assess field of view, and confirm pole suitability 5. Install Camera Flock will install the Flock Safety Condor camera and compute box leaving the cabling for the electrician to connect 6. Connect Camera to Power Notify the electrician that the compute box is ready for the AC power connection See Compute Box AC Power Handout for the complete plan & FAQs and if you have any questions, please reach out to your Project Manager flock safety 12 70 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Installation Service Brief Summary Below outlines the statement of work for the Flock Camera Installation: What Is Covered By Flock What Is NOT Covered By Flock Flock Cameras &Online Platform Traffic Control And Any Associated Costs Electrician & Ongoing Electrical Costs** Site Surveys And Call 811 Scheduling Contractor Licensing Fees Installation Labor Costs Permit Application Processing Fees Customer Support / Training Specialized Mounting Equipment Cellular Data Coverage Maintenance Fees (Review Fees Sheet For More Details) Loss, Theft, Damage To Flock Equipment Data Storage For 30 Days Camera Downtime Due To Power Outage *If a camera is lost, stolen, or damaged, a replacement device can be purchased at a discounted price of $800 **Unless one of the four Flock provided electrical services is selected f''ock safety 13 71 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 Permitting: Pre -Install Questionnaire 1. Timeline • In Flock Safety's experience, in-depth permitting requirements can add 2+ months to the installation timeline. • The SLA for permit document submission is within 15 days from contract signature date (contract Closed -Won) 2. Right of Way • 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)? o What is the RoW buffer? o 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)? o 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. 3. AC Power • Is there a continuous 120V AC power source available, and is there access to an electrician who can connect the existing wire to the Flock Safety Condor compute box? 4. Traffic Control & Installation Methods • Since a bucket truck is required, this typically necessitates an entire lane to be blocked in the direction of travel. Can you provide a patrol car escort, or will full traffic control be required?* PLEASE NOTE: If traffic control is required, you may incur additional costs due to city/state requirements; Fees will be determined by quotes received. flock safety 14 72 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 • If full traffic control is required (cones, arrow boards, etc.): o 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 (MUTCD). o 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? o Are there state -specific special versions/variances that must be followed? 5. Paperwork & Required Forms • 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. 6. Contacts • If Flock Safety needs to interface directly with the departments, please share the contact information of the following departments: o Permitting o Public Works o Traffic Department *Fee Schedule 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. f i ock safety 15 73 Docusign Envelope ID: 5E1 F324F-00F2-457B-901 F-642FA144DEAB Attachment 2 What Services Incur Fees: • Requested relocations post -approval by customer • Relocations due to poor performance will be the responsibility of Flock • 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 https://www.flocksafety.com/reinstall-fee-schedule • Misc billables for out of scope items for each implementation Incurred Fees: CAMERA RELOCATION • Existing infrastructure $350 REPLACEMENTS • Camera only as a result of vandalism, theft, or damage $800 TRIP CHARGE $350 • Examples • Install additional Flock signage. 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. Customer Support You can reach our customer support team anytime by emailing support@flocksafety.com. They can help answer any "How -To" questions you may have. ftock safety 16 74 Docusign Envelope ID: 5E1F324F-00F2-457B-901F-642FA144DEAB Attachment 2 Exhibit A to the Resolution EXHIBIT C COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES Hardware and Software Products Annual recurring amounts over subscription term Contractor Safety Platform $289,072.00 Contractor Safety Contractor OS ContractorOS® Elite Package Included 1 Included Contractor Safety LPR Products Contractor Safety Falcon ® Included 10 Included Solar Falcon ® LR Included 10 Included Contractor Safety Video Products Contractor Safety Condor TM PTZ w/ LTE Service Included 60 Included Contractor Safety Wing TM VMS Included 128 Included Contractor Safety Platform Add Ons ContractorOS Community Program - 20 / 160 Included 160 Included Professional Services and One Time Purchases Quant' • tal One Time Fees Contractor Safety Professional Services Professional Services - Community Program Implementation Fee - 20 / 160 $10,000.00 1 $10,000.00 Professional Services - Existing Infrastructure Implementation Fee $150.00 10 $1,500.00 Professional Services - Existing Infrastructure Implementation Fee $150.00 10 $1,500.00 Professional Services - Electrical Implementation Fee $1,250.00 60 $75,000.00 Relocation Fee, existing pole non -AC powered $700.00 Contractor Safety Platform Maintenance Relocation Fee, existing pole non -AC powered 2 $700.00 Subtotal Year 1: $377,772.00 Annual Recurring Subtotal: $289,072.00 Estimated Tax: $0.00 Contract Total: $666,844.00 Services Agreement between City of Dublin and Flock Group Inc October 15, 2024 Exhibit C - Page 1 of 1 75