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CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael O’Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT:Local Commissions Appointment List
MEETING DATE:February 09, 2026
RECOMMENDATION:
It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
BACKGROUND / DISCUSSION:
The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state-mandated AB 1234 ethics training and AB 1661 harassment training.
Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.
CONCLUSION:
After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.
FISCAL IMPACT:
No fiscal impact.
ELECTRONICALLY APPROVED BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services
Updated: 1/13/2026
CITY OF BELL GARDENS
NOTICE OF COMMISSION VACANCIES
AND ACTIVE COMMISSIONERS
EDUCATION COMMISSION
PLANNING COMMISSION
RECREATION, CULTURAL AND YOUTH COMMISSION
SENIOR CITIZEN COMMISSION
TRAFFIC AND SAFETY COMMISSION
The City Council is seeking applications for the following vacancies:
Meeting Date: Second Thursday of every month, City Hall Council Chamber, 5:00 p.m.
Staff Liaison - Ana Avalos, Recreation and Community Services Supervisor, (562) 806-7650 Meeting Date: Third Wednesday of every month, City Hall Council Chamber, 5:15 p.m.
Staff Liaison - Steven Jones, City Planner, (562) 806-7722 VACANT Barcena 9/17/2025
Meeting Date: Third Thursday of every month, City Hall Council Chamber, 6:00 p.m.
Staff Liaison – Armando Andrade, Recreation and Community Services Supervisor, (562) 806-7650 Meeting Date – Second Wednesday of every month, City Hall Council Chamber, 6:00 p.m.
Staff Liaison – Diana Ortiz, Recreation and Community Services Supervisor (562) 806-7650 Meeting Date – First Tuesday of every month, City Hall Council Chamber, 5:30 p.m.
Staff Liaison – Bernardo Iniguez , Director of Public Works/Facilities (562) 806-7770 Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk’s Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications will be accepted in the City Clerk’s Office on a continuous basis until an appointment is made. Please call the City Clerk’s Office at (562) 806-7705 or email [email protected] for more information.
Daisy Gomez, City Clerk
Ereni de la Paz Barcena 9/22/2025
Linda Judith Lopez Chavez 4/28/2025
Crystal Jimenez De La Rosa 1/13/2025
Juan Manuel Rojas Guillen 1/27/2025
Miguel Maravilla Sanchez 1/13/2025
Carlos Jose Barrera Chavez 1/13/2024
Kenneth Preciado De La Rosa 1/13/2025
Yorgelys Monroy Guillen 2/11/2025
Oscar Boado Sanchez 9/11/2023
VACANT Barcena 1/6/2025
Katelynn Cabrera Chavez 4/28/2025
Ainslee Preciado De La Rosa 2/24/2025
Karla Acosta Guillen
Carmen Vargas Sanchez 7/22/2024
Ana Maria Sanchez Flores Barcena 1/9/2023
Mayra Teresa Yañez Chavez 4/28/2025
Karina Garcia De La Rosa 5/12/2025
VACANT Guillen
Stephanie Perez Sanchez 1/23/2023
David Heredia Barcena 1/9/2023
Edgar Juvenal Lopez Bustillos Chavez 4/28/2025
Gustavo Mendez De La Rosa 4/14/2025
Samuel Perez Guillen 2/24/2025
Pedro Trujillo Sanchez
NAME APPOINTED BY VACANCY
POSTED
APPOINTMENT
DATE
10/27/2025
1/12/2026
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:John Acosta, Administrative Lieutenant
SUBJECT:Consideration of Option of One-Year Extension of Agreement with Flock Group, Inc.
MEETING DATE:February 9, 2026
RECOMMENDATION:
It is staff’s recommendation that the City Council:
1. Affirm a one (1)-year extension of the current Agreement under the existing terms and conditions, maintaining the current limited-access / sharing settings; or
2. Affirm a one (1)-year extension of the current Agreement under the existing terms and conditions, reinstating full-access / sharing settings; or
3. Direct the City Manager to provide notice to terminate the Agreement in accordance with the termination provisions of the Agreement.
BACKGROUND/DISCUSSION:
Automated License Plate Reader (ALPR) technology is used by law enforcement agencies to assist in locating stolen vehicles and supporting criminal investigations in which vehicles are involved. Over time, ALPR technology has continued to evolve and become more cost-effective. Traditional ALPR systems typically relied on fixed camera locations or mobile units mounted on patrol vehicles, often at a higher cost and with more limited coverage.
The Flock Safety ALPR System consists of strategically placed cameras throughout the city to provide comprehensive coverage of vehicle ingress and egress points. The system captures limited vehicle-related data, including date, time, and location; license plate information (state, partial, paper, or no plate); vehicle characteristics (type and color); and certain detected objects such as bicycles, animals, or people. The system does not provide real-time facial recognition or biometric identification.
In February 2023, the City Council approved a Lease Agreement with Flock Safety, Inc. for the deployment of twenty-three (23) Automated License Plate Reader (ALPR) cameras throughout the City of Bell Gardens. The Agreement term runs from March 1,
2023, through February 28, 2026. A one-year extension of the Agreement would result in a total cost of $57,500.
If the City Council elects to terminate the Agreement effective February 28, 2026, the City would be eligible for a prorated credit for the unused portion of Year 3, covering the period from March 1, 2026, through June 1, 2026, in the approximate amount of $13,327.33.
Termination would result in a one-time termination fee of $500 per Flock hardware unit.
With twenty-three (23) units deployed, the total termination fee would be $11,500.
After applying the termination fee, the net credit to the City would be approximately $1,827.33 ($13,327.33 credit minus $11,500 termination fee).
OPTIONS FOR COUNCIL CONSIDERATION
OPTION 1 – EXTEND AGREEMENT FOR ONE YEAR (LIMITED ACCESS) Under this option, the City Council would affirm a one-year extension of the existing Agreement under the same terms and conditions currently in place, including the current limited-access / sharing configuration.
This option would provide continuity of service while maintaining existing data-sharing restrictions. It would allow the City Council additional time to further evaluate program effectiveness, review usage data, assess community feedback, and consider potential policy or contractual modifications in the future.
OPTION 2 – EXTEND AGREEMENT FOR ONE YEAR (FULL ACCESS)
Under this option, the City Council would affirm a one-year extension of the existing Agreement under the same terms and conditions, while reinstating full-access / sharing settings consistent with the contractual capabilities of the Flock Safety system.
This option would continue the use of ALPR technology while enhancing regional collaboration and investigative support through expanded data-sharing with authorized law enforcement partners, subject to applicable policies and legal requirements.
OPTION 3 – CANCEL AGREEMENT
Under this option, the City Council would direct the City Manager to provide notice to terminate the Agreement in accordance with the Agreement’s termination provisions.
Cancellation would result in the removal or deactivation of ALPR cameras and the discontinuation of ALPR data collection within the City.
If canceled, the Police Department would no longer have access to ALPR-generated data for investigative or crime-prevention purposes. Any remaining data retention and disposition would be handled in compliance with contractual requirements and applicable law. While this option would eliminate future lease costs, it would also discontinue the use of a technology currently utilized to support auto theft investigations and other vehicle- related crimes.
CONCLUSION:
Staff is seeking City Council direction regarding Agreement with Flock Group, Inc.
FISCAL IMPACT:
Option 1 – One-Year Extension (Limited Access):
Affirm a one-year extension would require funding in the amount of $57,500, consistent with the existing Agreement, subject to budget availability.
Option 2 – One-Year Extension (Full Access):
Affirm a one-year extension would require funding in the amount of $57,500, consistent with the existing Agreement and subject to budget availability.
Option 3 – Cancellation:
Cancellation of the Agreement effective February 28, 2026, would eliminate future lease expenditures. However, a one-time termination fee of $11,500 would apply. After applying the termination fee, the net credit to the City would be approximately $1,827.33 ($13,327.33 credit minus $11,500 termination fee).
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
ovruSign Envelope ID:aossux1e'11m
INSIGHT PUBLIC SECTOR SLED Page of o
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SOLD-.T0 PARTY 1Q801344
Quotation
CITY OF BELL GARDENS
71OOGARF|ELOAVE
Quotation Number 022M'181991
BELL GARDENS CA 90201-3244 Document Date 19-FEB-2023
PO Number
SHIP-TO PO release: FLOCK
CITY OFBELL GARDENS
71O0GARF|ELDAVE
Telephone 14804096848BELLGARDENSCA00201-3244
We deliver accordingt thefollowingbo
Payment Terms Net ondays
Ship Via Insight Assigned Carrier/Ground
Terms o,Delivery: FOB DESTINATION
Currency uao
n order for Insight to accept Purchase Orders against this contract and honor the prices on this quote, your agency must be registered with OK4N|A Partners Public Sector(formerly U.S. Communities).
Our sales teams would ba happy ho assist you with your registration. P/emoecontactthemforaoaistanoe—thonagiotraUon process takes less than five minutes.
n order for Insight to accept Purchase Orders against thioonntrmntand honor the prices on this quote, your agency must be registered with OK4N|A Partners Public Sector(formerly U.S. Communities).
Our sales teams would be happy to assist you with your registration. Please contact them for assistance the registration process takes less than five minutes.
K8ateho| 08a»ahal DmauhpUom Quantity Unit Price Extended Price p IRT ll:::::::R 41 13'I;pn., MANUAL PO'SALES NOTES TOPURCHASING 1 180.550.00 180.550.00 DMN|A PARTNERS |T PRODUCTS&8ERV|CEG(#44000UO&44)
Renewal Term 24months
Solution includes the following:
PS-104,P S,7P U4 GO,Birz, ONE-TIME PROFESSIONAL SERVICES BYG4GEMEN 23 350.00 8.050D0 OMN|A PARTNERS |T PRODUCTS&GERV|CES(#44UOUU8844)
Renewal Term 24months
LAN/ENFORC£JNE8/TGRADE INFRASTRUCTURE-FRE 23 2.500.00 57'500.00 0MNK\PARTNERS |T PRODUCTS&8ERV (#440000OO44)
Year 1of3-Year 1 invoiced upon receipt ofclient
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fAQI P- Q3 LAW ENFORCEMENT GRADE KVFRA8TRUC7I/RE'FRE 23 2.500.00 57.500.00 OK4N|A PARTNERS /T PRODUCTS&8ERV|CES(#440O0O0044)
Year 2of3-Second year subscription to start 12
months after year 1 start date Renewal Term 24
months
FAI CO&Pit,C,C i LAW ENFORCEMENT 23 500DO 57.500.00
OMN|A PARTNERS |T PRODUCTS&8ERV|CEG(#44O0U00044)
Year 3of3'Third year subscription to start 12
months after year 2 start date Renewal Term 24
months
ovovaign Envelope ID:emEnoA1 5-1151
1 ON
Quotation Number 225981991
Document Date 19...FEB-2023
PUBLIC SECTOR
Pmmdom1Subtmte| 172,500M
Services Subtotal 8'050M
TAX 0.00
180,550,00
Thank you for choosing Insight. Please contact us with any questions or for additional information about Insight's complete IT solution offering.
Sincerely,
Christopher Letuinger
14804096848
CFIRVS'l ONI
Fax 4807608104
OMNIA Partners (formerly U.S. Communities) IT Products, Services and Solutions Contract No.4400006644 Insight Public Sector(IPS)is proud to be a contract holder for the OMNIA Partners Technology Products, Services&Solutions Contract.
This competitively solicited contract/oavailable to participating agencies ofO[WN|APartners. OMNIA Partners assists local and state government agencies, school districts(K-12), higher education, and nonprofits in reducing the cost of purchased goods by pooling the purchasing power of public agencies nationwide. This ioan optional use program with no minimum volume requirements and no cost ho agencies hnparticipate.
Thanks for choosing Insight!
OMNIA Partners (formerly U.S. Communities) IT Products, Services and Solutions Contract No.4400006644 Insight Public Sector(IPS) is proud to be a contract holder for the OMNIA Partners Technology Products, Services&Solutions Contract.
This competitively solicited contract is available to participating agencies of OMNIA Partners. OMN|A Partners assists local and state government agencies, school districts (K-12), higher education,and nonprofits in reducing the cost of purchased goods by pooling the purchasing power of public agencies nationwide. This inan optional use program with nu minimum volume requirements and no cost to agencies toparticipate.
Thanks for choosing Insight!
Insight Global Finance has a wide variety nfflexible financing options and technology refresh solutions. Contact your Insight representative for an innovative approach to maximizing your technology and developing a strategy to manage your financial options.
This purchase issubject to Insight's online Terms of Sale unless you have a separate purchase agreement signed by you and Insight, in which case,that separate agreement will govern. Insight's online Terms of Sale can be found at the"terms-and-policies" link below.
SOFTWARE AND CLOUD SERVICES PURCHASES: If your purchase contains any software or cloud computing offerings Software and Cloud Offehnga^), each offering will be subject to the applicable supplier's end user license and use terms
onouSign Envelope ID:ausnox10-11o1 e4*4
m~ mmtmthxnNurmhmr225Q819G1
m 8 E~ Document Date 19-FEB-2023
Page of o
Supplier Terms")made available by the supplier or which can be found at the"terms-and-policies"link below. By ordering, paying for, receiving or using Software and Cloud Offerings, you agree to be bound by and accept the Supplier Terms unless you and the applicable supplier have a separate agreement which governs.
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 f to " et y
FLOCK SAFETY FLOWDOWN GOVERNMENT AGENCY TERMS
This Government Agency Agreement(this"Agreement")is entered into by and between Flock Group,Inc. with a place of business at 1170 Howell Milt Rd NW Suite 210,Atlanta,GA 30318("Flock")and the police department,city, or government agency identified in the signature block below("Agency")(each a"Party,"and together,the"Parties").
RECITALS
WHEREAS,Flock offers a software and hardware solution for automatic license plate detection through Flock's technology platform(the"Flock Service"),and upon detection,the Flock Services are capable of capturing audio,image,and recordings data of suspected vehicles("Footage")and can provide notifications to Agency upon the instructions of Non-Agency End User(as defined below) ("Notifications"); WHEREAS,Agency desires access to the Flock Service on existing cameras,provided by Agency,or Flock provided Hardware(as defined below)in order to create,view,search and archive Footage and receive Notifications,including those from Non-Agency users of the Flock Service(where there is an investigative or bona fide lawful purpose)such as schools,neighborhood homeowners associations,businesses,and individual users; WHEREAS,Flock deletes all Footage on a rolling thirty(30)day basis,Agency is responsible for extracting,downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes;and
WHEREAS,Flock desires to provide Agency the Flock Service and any access thereto,subject to the terms and conditions of this Agreement,solely for the awareness,prevention,and prosecution of crime,bona fide investigations by police departments,and archiving for evidence gathering("Purpose").
AGREEMENT
NOW,THEREFORE,Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement.
1.DEFINITIONS
Certain capitalized terms,not otherwise defined herein,have the meanings set forth or cross-referenced in this Section 1.
1.1 "Agency Data"will mean the data,media and content provided by Agency through the Services.For the avoidance of doubt,the Agency Data will include the Footage.
1.2."Agency Hardware"shall mean the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.The term Agency Hardware"excludes the Embedded Software
1.3"Authorized End User(s)"shall mean any individual employees,agents,or contractors of Agency accessing or using the Services through the Web Interface,under the rights granted to Agency pursuant to this Agreement.
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 N"ock safety
1.4"Documentation will mean text and/or graphical documentation,whether in electronic or printed format,that describe the features,functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.
1.5"Embedded Software"will mean the software and/or firmware embedded or preinstalled on the Agency Hardware.
1.6"Flock IF'will mean the Services,the Documentation,the Embedded Software,the Installation Services,and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.
1.7"Footage"means still images captured by the Agency Hardware in the course of and provided via the Services.
1.8"Hardware"or"Flock Hardware"shall mean the Flock cameras or device,pole,clamps,solar panel, installation components,and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services.The term"Hardware"excludes the Embedded Software.
1.9 "Implementation Fee(s)"means the monetary fees associated with the Installation Services,as defined in Section 1.10 below.
1.10"Installation Services"means the services provided by Flock including any applicable installation of Embedded Software on Agency Hardware.
1.11 "Non-Agency End User(s)"shall mean any individual,entity,or derivative therefrom,authorized to use the Services through the Web Interface,under the rights granted to pursuant to the terms(or to those materially similar) of this Agreement.
1.12"Services"or"Flock Services"means the provision,via the Web Interface,of Flock's software application for automatic license plate detection,searching image records,and sharing Footage.
1.13"Support Services"shall mean Monitoring Services,as defined in Section 2.9 below.
1.14"Unit(s)"shall mean the Agency Hardware together with the Embedded Software.
1.15"Usage Fee"means the subscription fees to be paid by the Agency for ongoing access to Services.
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 safetyffock
1.16"Web Interface"means the website(s)or application(s)through which Agency and its Authorized End Users can access the Services in accordance with the terms of this Agreement.
2.SERVICES AND SUPPORT
2.1 Provision of Access.Subject to the terns of this Agreement,Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Service Term(as defined in Section 6.1 below),solely for the Authorized End Users.The Footage will be available for Agency's designated administrator,listed on the quote,and any Authorized End Users to access via the Web Interface for thirty(30)days. Authorized End Users will be required to sign up for an account and select a password and usemame("User ID").Flock will also provide Agency with the Documentation to be used in accessing and using the Services.Agency shall be responsible for all acts and omissions of Authorized End Users,and any act or omission by an Authorized End User which,if undertaken by Agency,would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User's use of the Services,and shall cause Authorized End Users to comply with such provisions.Flock may use the services of one or more third parties to deliver any part of the Services,including without limitation using a third party to host the Web Interface which makes the Services available to Agency and Authorized End Users.Warranties provided by said third party service providers are the agency's sole and exclusive remedy and flock's sole and exclusive liability with regard to such third-party services,including without limitation hosting the web interface.Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time.
2.2 Embedded Software License.Subject to all terms of this Agreement,Flock grants Agency a limited,non- exclusive,non-transferable,non-sublicensable(except to the Authorized End Users),revocable right to use the Embedded Software as installed on the Hardware or Agency Hardware;in each case,solely as necessary for Agency to use the Services.
2.3 Documentation License.Subject to the terms of this Agreement,Flock hereby grants to Agency a non- exclusive,non-transferable right and license to use the Documentation during the Service Term to Agency's in connection with its use of the Services as contemplated herein,and under Section 2.4 below.
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 fllrock safety
2.4 Usage Restrictions.
a.Flock IP.The purpose for usage of the Unit,Documentation,Services,support,and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture("Permitted Purpose").Agency will not,and will not permit any Authorized End Users to,(i)copy or duplicate any of the Flock IP;(ii)decompile, disassemble,reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flack IP is compiled or interpreted,or apply any other process or procedure to derive the source code of any software included in the Flock IF,or attempt to do any of the foregoing,and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code;(iii)modify,alter,tamper with or repair any of the Flock IP,or create any derivative product from any of the foregoing,or attempt to do any of the foregoing,except with the prior written consent of Flock;(iv)interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP;(v)remove, obscure,or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Services or Flock IP;(vi)use the Services,support,Unit,Documentation or the Flock IP for anything other than the Permitted Purpose;or(vii)assign,sublicense,sell,resell,lease,rent or otherwise transfer or convey,or pledge as security or otherwise encumber,Agency's rights under Sections 2.1,2.2,or 2.3. b.Flock Hardware.Agency understands that all Flock Hardware is owned exclusively by Flock,and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement.-Agency is not permitted to remove,reposition,re-install,tamper with,alter,adjust or otherwise take possession or control of Flock Hardware.
Notwithstanding the notice and cure period set for in Section 6.3,Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.4(b),all warranties herein shall be null and void,and this Agreement shall be subject to immediate termination(without opportunity to cure)for material breach by Agency.
2.5 Retained Rights;Ownership. As between the Parties,subject to the rights granted in this Agreement,Flock and its licensors retain all right,title and interest in and to the Flock IP and its components,and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock's sole discretion.There are no implied rights.
2.6 Suspension.Notwithstanding anything to the contrary in this Agreement,Flock may temporarily suspend Agency's and any Authorized End User's access to any portion or all of the Flock IP or Flock Hardware if(i)Flock
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 f ock safety
reasonably determines that(a)there is a threat or attack on any of the Flock IP;(b)Agency's or any Authorized End User's use of the Flock IP disrupts or poses a security risk to the Flock IP or any other Agency or vendor of Flock; c)Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities;(d)Flock's provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (e)any vendor of Flock has suspended or terminated Flock's access to or use of any third party services or products required to enable Agency to access the Flock IP;or(f)Agency has violated any term of this provision,including,but not limited to, utilizing the Services for anything other than the Permitted Purpose(each such suspension,in accordance with this Section 2.6,a"Service Suspension").Flock will make commercially reasonable efforts,circumstances permitting, to provide written notice of any Service Suspension to Agency(including notices sent to Flock's registered email address)and to provide updates regarding resumption of access to the Flock IP following any Service Suspension.
Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities,losses(including any loss of data or profits)or any other consequences that Agency or any Authorized End User may incur as a result of a Service Suspension.To the extent that the Service Suspension is not caused by Agency's direct actions or by the actions of parties associated with the Agency,the expiration of the Term will be tolled by the duration of any suspension(for any continuous suspension lasting at least one full day)prorated for the proportion of cameras on the Agency's account that have been impacted.
2.7 Installation Services.
2.7.1 Designated Locations.For installation of Flock Hardware,prior to performing the physical installation of the Units,Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Units (each Unit location so designated by Agency, a"Designated Location"). Flock shall have final discretion on location of Units. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency's delay in confirming Designated Locations,in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready,if necessary.The deployment plan will confirm the Designated Location. After installation, any subsequent changes to the deployment plan("Reinstalls") will incur a charge for Flock's then-current list price for Reinstalls, as listed in the then-current Reinstall Policy available at https://www.flocksafety.com/reinstall-fee-schedule)and any equipment charges.These changes include but are not limited to camera re-positioning, adjusting of camera mounting, re-angling, removing foliage, camera replacement,changes to heights of poles,regardless of whether the need for Reinstalls related to vandalism,weather,
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 ffock safetye
theft,lack of criminal activity in view, and the like. Flock Safety shall have full discretion on decision to reinstall Flock Hardware.
2.7.2 Agency Installation Obligations.Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work.Although the Units are designed to utilize solar power,certain Designated Locations may require a reliable source of 120V AC power,as described in the deployment plan. In the event adequate solar exposure is not available Agency is solely responsible for providing a reliable source of 120V AC power to the Units,if necessary.
Additionally,Agency is solely responsible for(i)any permits or associated costs,and managing the permitting process of installation of cameras or AC power; (ii) any federal, state or local taxes including property, license,privilege, sales,use,excise,gross receipts or other similar taxes which may now or hereafter become applicable to,measured by or imposed upon or with respect to the installation of the Hardware,its use(excluding tax exempt entities),or(iii) any other supplementary cost for services performed in connection with installation of the Hardware,including but not limited to contractor licensing, engineered drawings, rental of specialized equipment or vehicles, third-party personnel(i.e.Traffic Control Officers,Electricians, State DOT-approved poles,etc.,if necessary),such costs to be approved by the Agency ("Agency Installation Obligations"). In the event that a Designated Location for a Unit requires permits, Flock will provide the Agency with a temporary alternate location for installation pending the permitting process.Once the required permits are obtained,Flock will relocate the Units from the temporary alternate location to the permitted location at no additional cost.Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options,Agency agrees and understands that Agency will not be subject to any reimbursement,tolling,or credit for any suspension period of Flock Services due to low solar.Flock will make all reasonable efforts within their control to minimize suspension of Flock Services.Any fees payable to Flock exclude the foregoing.Without being obligated or taking any responsibility for the foregoing,Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation.Flock is not responsible for installation of Agency Hardware.
2.7.3 Flock's Obligations. Installation of any Flock Hardware shall be installed in a workmanlike manner in accordance with Flock's standard installation procedures,and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed.Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock's obligation to perform installation work shall cease; however,for the sole purpose of validating installation,Flock will continue to monitor the performance of the Units for the length of the Term and will receive access to the Footage for a period of three(3)business days after the initial
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 f to c tau s a f e t y
installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality control,Agency understands and agrees that the Flock.Services will not function without the Hardware.Labor may be provided.by Flock or a third party. Flock is not obligated to install,reinstall, or provide physical maintenance to Agency Hardware.
23.4 Security Interest. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Hardware by Flock.Should Agency default on any payment of the:Flock Services,Flock may remove flardware at Flock's discretion. Such removal,if made byFlock,shall not be deemed a waiver of Flock's rights to any damages Flock may sustain as a result of Agency's default and Flock.shall have the right to enforce any other legal remedy or right.
2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock's price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials,or other hazardous conditions, including,without limit,asbestos,lead,toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement,Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless,
2.9 Support Services.Subject to the payment of fees,Flock shall monitor the performance and functionality of Flock Services and may, from time to time,advise Agency on changes to theFlock Services,Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage.The work,its timing,and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations ("Monitoring Services"), Subject to the terms hereof,Flock will provide Agency with reasonable technical and on-site support and maintenance services("On- Site Services")in-person or by email at Flock will use commercially reasonable efforts to respond to requests for support.
2.10 Special Terms.From time to time,Flock may offer certain"Special Terms"related to guarantees,service and support which are indicated in the proposal and on the quote and will become part of this Agreement,upon Agency's consent.To the extent that any terms of this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 ffock safety,
2.10 Changes to Platform.Flock may,in its sole discretion,make any changes to any system or platform that it deems necessary or useful to(i)maintain or enhance(a)the quality or delivery of Flock's products or services to its Agency s,(b)the competitive strength of,or market for,Flock's products or services,(c)such platform or system's cost efficiency or performance,or(ii)to comply with applicable law.
3.RESTRICTIONS AND RESPONSIBILITIES
3.1 Agency Obligations.Flock will assist Agency end-users in the creation of a User ID.Agency agrees to provide Flock with accurate,complete,and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use,or another person's name with the intent to impersonate that person.
Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone,and must protect the security of its account and password. Agency is responsible for any activity associated with its account.Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to,access or otherwise use the Services. Agency will,at its own expense,provide assistance to Flock,including,but not limited to,by means of access to,and use of,Agency facilities,as well as by means of assistance from Agency personnel,to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder,including,without limitation,any obligations with respect to Support Services or any Installation Services.
3.2 Agency Representations and Warranties.Agency represents,covenants,and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations,including but not limited to any laws relating to the recording or sharing of video,photo,or audio content. Although Flock has no obligation to monitor Agency's use of the Services,Flock may do so and may prohibit any use of the Services it believes may be(or alleged to be)in violation of the foregoing.
4.CONFIDENTIALITY;AGENCY DATA
4.1 Confidentiality.To the extent allowable by applicable FOIA and state-specific Public Records Acts,each Party the"Receiving Party")understands that the other Party(the"Disclosing Party")has disclosed or may disclose business,technical or financial information relating to the Disclosing Party's business(hereinafter referred to as Proprietary Information"of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features,functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Unit,including the Footage,to enable the provision of the Services,which includes but is not limited to geolocation information and environmental data collected by sensors built into the Units("Agency Data"). The Receiving Party agrees:(i)to take the same
DocuSign Envelope ID: B3E50A15-1151-4E20-B782-72AED370B444 ffock safety
security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information,but in no event will a party apply less than reasonable precautions to protect such Proprietary Information,and(ii)not to use(except in performance of the Services or as otherwise permitted herein)or divulge to any third person any such Proprietary Information. Flock's use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts,such as when a car exits Agency 's neighborhood,or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document(a) is or becomes generally available to the public,or(b)was in its possession or known by it prior to receipt from the Disclosing Party,or(c)was rightfully disclosed to it without restriction by a third party,or(d)was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order,provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. For clarity,Flock may access,use,preserve and/or disclose the Footage to law enforcement authorities,government officials,and/or third parties,if legally required to do so or if Flock has a good faith belief that such access,use,preservation or disclosure is reasonably necessary to:(a)comply with a legal process or request;(b)enforce this Agreement,including investigation of any potential violation thereof;(c)detect,prevent or otherwise address security,fraud or technical issues;or(d)protect the rights,property or safety of Flock,its users,a third party,or the public as required or permitted by law,including respond to an emergency situation.Agency hereby expressly grants Flock a non-exclusive,worldwide,perpetual,royalty-free right and license(during and after the term hereof)to disclose the Agency Data(inclusive of any Footage)to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only.Flock may store deleted Footage in order to comply with certain legal obligations but such retained Footage will not be retrievable without a valid court order.
4.2 Agency Data.As between Flock and Agency,all right,title and interest in the Agency Data,belong to and are retained solely by Agency. Agency hereby grants to Flock a limited,non-exclusive,royalty-free,worldwide license to use the Agency Data and perform all acts with-respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency,including without limitation the Support Services set forth in Section 2.9 above,and a non-exclusive,perpetual,irrevocable,worldwide,royalty-free,fully paid license to use,reproduce, modify and distribute the Agency Data as a part of the Aggregated Data(as defined in Section 4.4 below).As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency,each of Agency and Non-Agency End Users will share all right,title and interest in the Non-Agency End User Data.This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency.
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Flock will automatically delete Footage older than thirty(30)days. Agency has a thirty(30)day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion.
4.3 Feedback.If Agency provides any suggestions,ideas,enhancement requests,feedback,recommendations or other information relating to the subject matter hereunder,Agency hereby assigns(and will cause its agents and representatives to assign)to Flock all right,title and interest(including intellectual property rights)with respect to or resulting from any of the foregoing.
4.4 Aggregated Data.Notwithstanding anything in this Agreement to the contrary,Flock shall have the right to collect and analyze data that does not refer to or identify Agency or any individuals or de-identifies such data and other information relating to the provision,use and performance of various aspects of the Services and related systems and technologies(including,without limitation,information concerning Agency Data and data derived therefrom).For the sake of clarity,Aggregated Data is compiled anonymous data which has been stripped of any personal identifying information.Agency acknowledges that Flock will be compiling anonymized and/or aggregated data based on Agency Data input into the Services(the"Aggregated Data'). Agency hereby grants Flock a non- exclusive,worldwide,perpetual,royalty-free right and license(during and after the Service Term hereof)to(i)use and distribute such Aggregated Data to improve and enhance the Services and for other development,diagnostic and corrective purposes,other Flock offerings,and crime prevention efforts,and(ii)disclose the Agency Data(both inclusive of any Footage)to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set forth herein.Flock shall not sell Agency Data or Aggregated Data.
5.PAYMENT OF FEES
5.1a Reserved.
5.1b Reserved.
5.2 Reserved.
5.3 Reserved.
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6.TERM AND TERMINATION
6.1 Term.Subject to earlier termination as provided below,the initial term of this Agreement shall be thirty-six(36) months(the"Initial Term"). The Term shall commence upon first installation of Flock Hardware.Following the Initial Term, unless otherwise indicated on the Quote,this Agreement will automatically renew for successive renewal terms of twenty-four(24)months(each,a"Renewal Term",and together with the Initial Term,the"Service Term")unless either party gives the otherparty notice of non-renewal at least thirty(30)days prior to the end of the then-current term.
6.2 Termination for Convenience.At any time during the agreed upon Term,an Agency not fully satisfied with the service may self-elect to terminate this Agreement for convenience.Termination for convenience will result in a one-time fee of$500 per Flock Hardware.Upon termination for convenience,a refund will be provided for Falcon Cameras,prorated for any fees for the remaining Term length set forth previously.Agency will remain liable to pay the full outstanding fees for any Wing product on the effective date of termination of that Quote.Flock will invoice, and Agency will pay,any unbilled fees and any unpaid fees covering the remainder of the term of that Quote had it not been terminated.Termination for convenience of the Agreement by the Agency will be effective immediately.
Flock will provide advanced written notice and remove all Flock Hardware at Flock's own convenience,within a commercially reasonable period of time upon termination.
6.3 Termination.Notwithstanding the termination provisions in Section 2.4(b),in the event of any material breach of this Agreement,the non-breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty(30)days prior written notice to the breaching party;provided,however,that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty(30)day period. Either party may terminate this Agreement,without notice,(i)upon the institution by or against the other party of insolvency,receivership or bankruptcy proceedings,(ii)upon the other party's making an assignment for the benefit of creditors,or(iii)upon the other party's dissolution or ceasing to do business. Upon termination for Flock's material breach,Flock will refund to Agency a pro-rata portion of the pre-paid fees for Services not received due to such termination.
6.5 No-Fee Term,For the Term of this Agreement,Flock will provide Agency with complimentary access to`hot- list'alerts,which may include`hot tags',stolen vehicles,Amber Alerts,etc.("No-Fee Term").In the event a Non- Agency End User grants Agency access to Footage and/or Notifications from a Non-Agency End User Unit,Agency will have access to Non-Agency End User Footage and/or Notifications until deletion,subject to the thirty(30)day retention policy.Non-Agency End Users and Flock may,in their sole discretion,leave access open. The No-Fee
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 Term will survive the Term of this Agreement.Flock,in its sole discretion,can determine not to provide additional No-Fee Terms or can impose a price per No-Fee Term upon thirty(30)days'notice.Agency may terminate any No- Fee Term or access to future No-Fee Terms upon thirty(30)days'notice.
6.6 Survival.The following Sections will survive termination:2.4,2.5,3,4,5(with respect to any accrued rights to payment),5.4,6.5,7.4,8.1,8.2,8.3,8.4,9.1 and 10.5.
7.REMEDY;WARRANTY AND DISCLAIMER
7.1 Remedy.Upon a malfunction or failure of Flock Hardware or Embedded Software(a"Defect"),Agency must notify Flock's technical support as described in Section 2.9 above. If Flock is unable to correct the Defect,Flock shall,or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test shall occur within seventy-two(72)hours after Agency notifies the Flock of a known Defect.In the event of a Defect,Flock will repair or replace the defective Unit at no additional cost.In the event that a Unit is lost,stolen,or damaged,Agency may request that Flock replace the Unit at a fee according to the then-current Reinstall Policy https://www.flocksafety.com/reinstall-fee-schedule).Agency shall not be required to replace subsequently lost, damaged or stolen Units,however,Agency understands and agrees that functionality,including Footage,will be materially affected due to such subsequently lost,damaged or stolen units and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted.
Flock is under no obligation to replace or repair Hardware.
7.2 Exclusions.Flock will not provide the remedy described in Section 7.1 if Agency is found to have misused the Flock Hardware,Agency Hardware or Embedded Software in any manner.
7.3 Warranty.Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner.Upon completion of any installation or repair,Flock shall clean and leave the area in good condition.Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance,either by Flock or by third-party providers,or because of other causes beyond Flock's reasonable control,but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444
7.4 Disclaimer.THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY 'S SOLE REMEDY,AND FLOCK'S SOLE LIABILITY,WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE;NOR DOES
IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION,THE SERVICES ARE PROVIDED AS IS"AND FLOCK DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED,INCLUDING,BUT NOT
LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6,OR IF NO STATE IS MENTIONED IN SECTION 10.6,BY THE LAW OF THE STATE OF GEORGIA.
7.5 Insurance.Flock will maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock's business risk.Certificates of Insurance can be provided upon request.
7.6 Force Majeure.Flock is not responsible nor liable for any delays or failures in performance from any cause beyond its control,including,but not limited to acts of God,changes to law or regulations,embargoes,war,terrorist acts,acts or omissions of third-party technology providers,riots,fires,earthquakes,floods,power blackouts,strikes, weather conditions or acts of hackers,internet service providers or any other third party or acts or omissions of Agency or any Authorized End User.
8.LIMITATION OF LIABILITY;NO FEE TERM;INDEMNITY
8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,FLOCK AND ITS
SUPPLIERS(INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),
OFFICERS,AFFILIATES,REPRESENTATIVES,CONTRACTORS AND EMPLOYEES SHALL NOT BE
RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR
TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT,NEGLIGENCE,STRICT LIABILITY,PRODUCT LIABILITY,OR OTHER THEORY:(A)FOR ERROR OR INTERRUPTION OF USE
OR FOR LOSS OR INACCURACY,INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR
COST OF PROCUREMENT OF SUBSTITUTE GOODS,SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS;(B)FOR ANY INDIRECT,EXEMPLARY,INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES;(C)FOR ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE
CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE;(D)FOR ANY PUBLIC
DocuSign Envelope ID:B3E50A15-11514E20-B782-72AED370B444 Hoock, safety
DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH;(E)FOR CRIME PREVENTION;OR(F)FOR ANY AMOUNTS THAT,TOGETHER WITH AMOUNTS ASSOCIATED WITH
ALL OTHER CLAIMS,EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE(12)MONTHS PRIOR TO THE ACT OR
OMISSION THAT GAVE RISE TO THE LIABILITY,IN EACH CASE,WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY, AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6,OR IF NO STATE IS MENTIONED IN SECTION 10.6,BY THE LAW OF THE STATE OF GEORGIA.
8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK'S AGGREGATE LIABILITY,IF
ANY,ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.5 EXCEED$100,WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT,TORT(INCLUDING NEGLIGENCE),PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No-Fee Term described in Section 6.5 and limit potential liability given the aforementioned complimentary service,which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complimentary No-Fee Tenn.The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock's other obligations under this Agreement.
8.3 Responsibility.Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees,deputies,officers,or agents,in connection with the performance of their official duties under this Agreement.Each Party to this Agreement shall be liable(if at all)only for the torts of its own officers,agents,or employees that occur within the scope of their official duties.Agency will not pursue any claims or actions against Flock's suppliers.
8.4 Indemnity.Agency hereby agrees to indemnify and hold harmless Flock against any damages,losses,liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of Section 3.2, a breach of this Agreement,Agency's Installation Obligations,Agency's sharing of any data in connection with the Flock system,Flock employees or agent or Non-Agency End Users,or otherwise from Agency's use of the Services, Flock Hardware,Agency Hardware and any Embedded Software,including any claim that such actions violate any
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 applicable law or third party right. Although Flock has no obligation to monitor Agency's use of the Services,Flock may do so and may prohibit any use of the Services it believes may be(or alleged to be)in violation of Section 3.2 or this Agreement.
9.RECORD RETENTION
9.1 Data Preservation.The Agency agrees to store Agency Data in compliance with all applicable local, state and federal laws,regulations,policies and ordinances and their associated record retention schedules.As part of Agency's consideration for paid access and no-fee access to the Flock System,to the extent that Flock is required by local,state or federal law to preserve the Agency Data,Flock will notify Agency of the requirement and applicable retention period,and Agency agrees to preserve and securely store this data on Flock's behalf so that should Flock be legally compelled by judicial or government order,Flock may retrieve the data from Agency upon demand.
10.MISCELLANEOUS
10.1 Severability.If any provision of this Agreement is found to be unenforceable or invalid,that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
10.2 Assignment.This Agreement is not assignable,transferable or sublicensable by Agency except with Flock's prior written consent. Flock may transfer and assign any of its rights and obligations,in whole or in part,under this Agreement without consent.
10.3 Entire Agreement.This Agreement,together with the Quote(s),the then-current Reinstall Policy httpsal www.flocksafety.com/reinstall-fee-schedule),and Deployment Plan(s),are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements,communications and other understandings relating to the subject matter of this Agreement,and that all waivers and modifications must be in a writing signed by both parties,except as otherwise provided herein. None of Agency's purchase orders,authorizations or similar documents will alter the terms of this Agreement,and any such conflicting terms are expressly rejected.
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 fi`ock safety
10.4 Relationship.No agency,partnership,joint venture,or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever.
10.5 Governing Law;Venue.This Agreement shall be governed by the laws of the State in which the Agency is located.The parties hereto agree that venue would be proper in the chosen courts of the State of which the Agency is located.The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
10.6 Publicity.Flock shall obtain written consent from the Agency's City Manager prior to using Agency's name, logo and any and all trademarks.
10.7 Export.Agency may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto,or any direct product thereof in violation of any restrictions,laws or regulations of the United States Department of Commerce,the United States Department of Treasury Office of Foreign Assets Control,or any other United States or foreign agency or authority. As defined in FAR section 2.101,the Services, the Hardware,the Embedded Software and Documentation are"commercial items"and according to DFAR section 252.2277014(a)(1)and(5)are deemed to be"commercial computer software"and"commercial computer software documentation."Consistent with DFAk section 227.7202 and FAR section 12.212,any use,modification, reproduction,release,performance,display,or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
10.8 Headings.The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections.
10.09 Authority.Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the organizations and individuals they are representing.
10.10 Notices.All notices under this Agreement will be in writing and will be deemed to have been duly given when received,if personally delivered;when receipt is electronically confirmed,if transmitted by facsimile or e-
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u e
mail;the day after it is sent,if sent for next day delivery by recognized overnight delivery service;and upon receipt, if sent by certified or registered mail,return receipt requested.
By executing this Agreement,Agency represents and warrants that it has read and agrees to all of the terms and conditions contained herein.
FLOCK GROUP,INC. Agency:CA-Bell Gardens PD
Doeusigned by:
B
r
By:
Mark Smith
Name: Name:
Title:
General counsel
Title:jJ//F©fI BC/Gu'
Date:
2/28/2023
Date:3•1.23
C,,a;'kiur ru Envelope Id:B3E50A15,1151-4E20-6782-72AED370[4 r 1111l,
Law Enforcement
1'1
Implementation Timeline . . . . . . . . . . . . . . . . . . . . . . . 2 Implementation Team 3
Implementation Service brief: Standard VS Advanced . . . . . . . . 6 Standard Implementation . . . . . . . . . . . . . . . . . . . . . . . . . 6 Advanced Implementation . . . . . . . . . . . . . . . . . . . . . . . . 8 Things to Consider when Picking Locations . . . . . . . . . . . . .10 Customer Responsibilities: AC-Powered Cams . . . . . . . . . . . . 11 Electrician Handout . . . . . . . . . . . . . . . . . . . . . . . . . .12 Electrician Installation Steps . . . . . . . . . . . . . . . . . . . . . . .12 FAQs about AC-Powered Flock Cameras . . . . . . . . . . . . . . . .13 Installation Service Brief Summary . . . . . . . . . . . . . . . . . .15 Permitting: Pre-Install Questionnaire . . . . . . . . . . . . . . . . .16
1. Timeline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2. Right of Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
3. AC Power vs. Solar . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4. Traffic Control & Installation Methods . . . . . . . . . . . . . . . 16
5. Paperwork & Required Forms . . . . . . . . . . . . . . . . . . . . .17 fir,
6. Contacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 Professional Services Fee Schedule . . . . . . . . . . . . . . . . . . 17 Billing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 Help Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 k
CustomerSupport . . . . . . . . . . . . . . . . . . . . . . . . .19 1
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 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 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.
Finalize foor camera , uns
Locations J Flock Confirm Deployment Plan 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 cameras will be AC-powered,hire an electrician/street department Step 1 1/l,,f"s.o ct,,#'.,I!e Si r,a y ,,;r„'„ e rf a ; Flock:Flock technician conducts site survey to(1)evaluate solar or power access,(2) check line of sight to the road,and(3)evaluate cellular service in the area.When the technician deems the locations suitable,she 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
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
Flock:Flock will(1)ship any site specific materials that the technician does not have locally(2)schedule the installation date
Step 4 r t, a i„ alI date
Flock:After installation,your Customer Success Manager 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 e;s
needed Flock:While we typically complete installations within 4 weeks of finalizing locations,delays may occur due to external factors.In these instances,we will continue to work through this process until your cameras are fully installed and operational.
2
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Project Manager Your Project Manager is your primary contact during camera installation.
r 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 r 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 The Field Operations_ team,is responsible for the physical installation Team 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 away 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.
Product Your Product Implementation Specialist is your technical product Implementation expert.
Specialist
They will help translate your goal for using Flock Safety cameras into a technical plan that can be executed and enable you to solve crime.Your specialist will work your Sales Rep to:
Review the cameras in your deployment
Ensure that the deployment plan is set up for success from a technological standpoint in addition to meeting your goals for the product
If any of your locations require permits, a member of the Product Implementation team will assist you in packaging your application(s).
M
3
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a
W'
m
Customer Your Customer Success Manager is your strategic partner for your Success lifetime as a Flock customer.
Manager
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 GSM 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 The Flock Safety Support team is committed to answering all your day- Support today questions as quickly as possible. To get in touch with support, simply email support@flocksafetycom. Support can help you.
Request camera maintenance
s , Troubleshoot online platform
Contract[Billing questions
Update account information
Camera Sharing questions
Quick "How to" questions in your Flock Account
Please Note: On some occasions, third parties outside of Flock Safety may be for need to be) involved in your implementation.
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 1=111112MEM
Electrician/
If the Flock cameras need to be AC powered, you (customer)areStreet Department
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, If installation in-your area requires permitting or County
agencies
aAjPage 283 of 315
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 mp1erner,tatf.oj,,1 Service,, Standard VS Advarced
Standard Implementation
Cost = $350 / camera (one time cost)
Included in scope:
Once Designated Locations are confirmed, 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 Engage 811 'Call-before-you-Dig' system to receive legal dig date Apply approved markings Coordinate with 811 regarding any necessary high-risk dig clearances or required vendor meets
Each installation may include the following:
Installation of camera and solar panel with standard, 12' above grade Flock breakaway pole
Installation of camera and solar panel on a suitable existing pole, no higher than 8-12' approval at Flock Safety's discretion)
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 (link). Flock is unable to make any AC connections or boreholes in any material other than dirt, grass, loose gravel(or other non-diggable material). Electrical work requiring a licensed electrician and associated costs, not included in the scope.
Access requiring up to a 14' A-frame ladder
Standard MUTCD traffic control procedures performed by a Flock technician Obtain a business license to operate in the City and State of camera location
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 Not included in scope:
Flock does not include the following as part of the Standard Implementation Service but can provide a quote for sourcing at an additional cost:
Cannot 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
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).
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
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 Advanced Implementation
Cost = $7501 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 Engage 811 'Call-before-you-Dig' system to receive legal dig date Apply approved markings Coordinate with 811 regarding any necessary high-risk dig clearances or required vendor meets
Each installation may include the following:
Installation of camera and solar panel with standard, 12' above grade Flock breakaway pole
Installation of camera and solar panel on a suitable existing pole, no higher than 8-12' approval at Flock Safety's discretion) or NCHRP 350 or MASH approved pole, if necessary.
Pole Options • Northern and Coastal
Pole Options - Non-Winterized, Non-Coastal
Pole Options - Georgia
Pole Options - Texas
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 (link). Flock cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Electrical work requiring a licensed electrician and associated costs, not included in the scope.
Access requiring up to a 14' A-frame ladder
Standard MUTCD traffic control procedures performed by a Flock technician Obtain a business license to operate in the City and State of camera location r 11
J;
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 Not included in 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):
A Bucket Truck for accessing horizontal/cross-beams
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).
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 NII!'oll
9
DocuSign Envelope ID:B3E50A1 5-1 151-4E20-B782-72AED37OB444 ijtoConsfder when Pick n Locatioi,","s
Falcon Cameras
Use Cases
Flock LPRs are designed to capture images of rear license plates aimed in the direction of traffic.
Flock LPRs are not designed to capture pedestrians, sidewalks, dumpsters, gates, other areas of non-vehicle traffic, intersections.
Placement
They capture vehicles driving away from an intersection.
They cannot point into the middle of an intersection.
They should be placed after the intersection to prevent stop and go motion activation or "stop and go" traffic.
Mounting
They can be mounted on existing utility, light, traffic signal poles, or 12 foot Flock poles. **NOTE**Permitting (or permission from pole owner) may be required to use existing infrastructure or install in specific areas, depending on local regulations& policies.
They should be mounted one per pole*. If using AC power, they can be mounted 2 per pole.
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.
They can be powered with solar panels or direct wire-in AC Power (no outlets). **NOTE** 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.
They will require adequate cellular service using AT&T or T-Mobile to be able to process & send images.
Solar Panels
Solar panels need unobstructed southern-facing views.
Pole
If a location requires a "DOT Pole" (i.e., not Flock standard pole), the implementation cost will be $750/camera.
10
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 Custorrmr AC-Vlowered 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. fp/,of els,0 11",
OR M
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o e N:
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tvmv,1 r How to Ge1f,,,/,,,' Started
ftt)
The Flock Safety license
w! , a Powei ed Install
plate reading camera
system can leverage AC 1. Create a Deployment Plan
power to help your Work with Flock to select the best
location(s)for your cameras and power
community solve crime sources.
no matter the location. 2. Acquire an Electrical 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 the'cameras.
4. Conduct Site Survey
Flock will mark camera location,locate
underground utilities and mark if
present.
5. Install Camera
to Flock will install the camera and At
Po,,,,,Yer Mt power kit at the specified camera
location.
Wod,), MH',,, 6. Connect Camera to Power
Uec1,,,,,r'1J,6!&ns Notify the electrician that the camera is ready for the power connection
installation.
htjstaHafl,,w,"U Process
h"If'' /-""Os to 'j, jt" I C,d,i,,'J[ f I oc:,k s af at y.c a rrn,,/je,owe, s t,,a k)t c o In c,
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 Electrician Installation Steps
1. Run AC cable and conduit to the
t 1 `
box according to NEC Article 300
and any applicablelicable local codes. The
gland accepts 112 conduit.
2. Open the box using hinges. f a
3. Connect AC Mains per wiring i irif//%Jr rdiagrambelow:
Connect AC Neutral wire to the
Surge Protector white Neutral
wire using the open position on
the lever nut.
Connect AC Line wire to the
Surge Protector black Line wire r
using the open position on the
lever nut.
Connect AC Ground wire to the Surge Protector green ground wire using the open position on the lever nut.
4. Verify that both the RED LED is lit on the front of the box
5. Close box and zip tie the box shut with the provided zip tie
6. While still on-site, call Flock, who will remotely verify that power is working correctly:
Southeast Region - (678) 562-8766
West-Region - (804) 607-9213
Central & NE Region - (470) 868-4027
s
SURGE PROTECTOR ACIDC CONVERTER 24V 6DW RED PANEL LIGHT CAMERA 120VACV.FROM LIGHT POLE
ACIN V.
12
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 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.
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.
13
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 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.
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14
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 Se,11"Y,,ce Brief Sut,'mi rt a r y
Below outlines the statement of work for the Flock Camera Installation:
What is covered by What Is NOT covered by Special note
Flock Flock
Flock Cameras & Online Traffic Control and any
Platform associated costs
DOT Approved Pole cost
Mounting Poles 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 Cost
i
s
Permit application
processing fees
Customer Suppo t/training Specialist mounting Including, but not limited to, equipment MASH poles or adapters
i.
Cellular Data Coverage Bucket trucks
Maintenance Fees (review Fees Loss, theft, damage to Flock Sheet for more details) equipment
Data storage for 30 days
Camera,downtime.due to Only applicable for
power outage AC-powered cameras
If a location requires a "DOT pole" (i.e., not our standard), the implementation cost will be 750/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
15
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 11 lenj Pre-l!irTMaC Quest fmirtnalre
1. Timeline
In Flock Safety's experience, in-depth permitting requirements can add 2+ months to the installation timeline. Law enforcement agencies and city governments can work with their local Public Works or Department of Transportation offices directly to help expedite the process. When Flock Safety customers manage the permitting processes, results tend to come more quickly.
Can your agency own the permitting process with Flock Safety's assistance?
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)? What is the RoW buffer?
Will additional permits or written permission be required from third-party entities such as DOT, power companies, public works, etc.)?
Will any cameras be installed on city-owned traffic signal poles (vertical mass)? If yes, please provide heights/photos to determine if a bucket truck is needed for the installation.
Note: A bucket truck is required if the height exceeds 15 feet tall.
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? (Link)
If solar-powered, consider the size of the solar panel and potential to impact the visibility of DOT signs/signals:
Single Panel: 21.25" x 14" x 2" (Length x Width x Depth) Double Panel: 21.25" x 28" x 2" (LxWxD)
4. Traffic Control & Installation Methods
6 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?
Note: If traffic control is required, you may incur additional costs due to city/state requirements; Fees will be determined by quotes received.
If full traffic control is required (cones, arrow boards, etc.):
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).
Will a non-sealed copy of the traffic plan suffice? Or does the traffic plan need to be sealed and/or submitted by a professional engineer?
Are there state-specific special versions/variances that must be followed? 16
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 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.
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:
Permitting
Public Works
Traffic Department
r e I %1 c!; f r;m II f e Mux,,II e
Camera relocation, existing pole non-AC powered = $350
Camera relocation, Flock pole and/or AC powered = $750
Camera replacement as a result of vandalism, theft, or damage = $500 Pole replacement as a result of vandalism, theft, or damage = $500 Trip charge = $350
Examples:
Angle adjustment (elective)
Install additional Flock signage
17
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444
5.1b Falcon Fees. For Falcon products during the Initial Term, Agency will pay Flock fifty percent (50%) of the first Usage Fee, the Implementation Fee, and any fee for Hardware as described on the Order Form, together with the "Initial Fees") as set forth on the Order Form on or before the 30th day following receipt of initial invoice after Effective Date. Upon commencement of installation, Flock will issue an invoice for twenty-five percent (25%) of the Initial Fees. The Agency shall pay on or before the 30th day following receipt of the invoice.
Upon completion of installation, Flock will issue an invoice for the remaining balance, and Agency shall pay on or before the 30th day following receipt of the final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For a Renewal Term, as defined below, Agency shall pay the entire invoice on or before the anniversary of the Effective Date.
6.1b Falcon Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the "Initial Term"), The Term shall commence upon first installation and validation of a Unit. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms for the length set forth on the Order Form (each, a Renewal Term," and together with the Initial Term, the "Service Term") unless either party gives the other party notice of non-renewal at least thirty (30) days before the end of the then-current term.
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18
DocuSign Envelope ID:B3E50A15-1151-4E20-B782-72AED370B444 Help 1, ,e ,,,er,
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 I add a user?
How do I add a vehicle to my own Hot List?
How do I enable browser notifications for Hot List alerts? How do I get text alerts for Hot List?
How do I request camera access from other nearby agencies? How do I use the National Lookup to search for a plate? (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?
You can reach our customer support team anytime by emailing [email protected].
They can help answer any "How To" questions you may have.
Oil law
19
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Michael O’Kelly, City Manager
BY: Jennifer Pineda, Senior Management Analyst
SUBJECT: Proposed 2026 State and Federal Legislative Platform
MEETING DATE: February 9, 2026
RECOMMENDATION:
It is staff's recommendation that the City Council provide direction and adopt the 2026 Proposed State and Federal Legislative Platform (“Platform”).
BACKGROUND / DISCUSSION:
On January 13, 2025, the City Council adopted the City of Bell Gardens 2025 Legislative Platform which focused on seven key areas that outline the legislative priorities of the City Council. On July 28, 2025, the Platform was amended to include an additional key area in support of immigration reform. The Platform serves as a proactive document that outlines the priorities and concerns of the City Council to guide advocacy efforts at all levels of government. It provides clear guidance to the City Manager and staff to respond and act quickly on federal, state, or local legislation that may impact the City.
The following priorities are outlined in the proposed City of Bell Gardens 2026 Legislative Platform:
A. General Administration
B. Fiscal Responsibility and Transparency
C. Economic Development and Land Use
D. Housing
E. Public Safety and Wellness
F. Infrastructure
G. Recreation and Community Services
H. Immigration Reform and Services
The eight key priorities listed will guide decisions on whether to support, oppose, or remain neutral on proposed legislation; however, any legislative support involving resolutions or unique issues will continue to be brought before the City Council for formal consideration and adoption. When legislation aligns with the Legislative Platform, City staff will draft position letters for the Mayor’s approval and transmit them to the appropriate recipient. Given the constantly evolving political landscape, it is recommended that the Legislative Platform be reviewed regularly and updated on an annual basis to remain responsive and relevant.
As part of the 2026 review, staff recommends adding a subcategory under A. General Administration focused on technology and digital literacy. This addition emphasizes the importance of expanding access to technology and digital services and promoting technological literacy, which are essential for improving City operations, enhancing service delivery, and ensuring residents have the tools and skills to fully engage with City programs and resources. Including this priority reflects the City’s commitment to leveraging technology to support equity, strengthen community engagement and make City services more accessible for everyone.
CONCLUSION:
The proposed 2026 Legislative Platform builds on existing priorities, addresses emerging needs, and provides clear guidance for responding to legislation that may impact the City.
The Platform will support advocacy efforts and strategic policymaking, and strengthen communication with elected officials at all levels of government.
FISCAL IMPACT:
None.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
CITY OF BELL GARDENS
2026 LEGISLATIVE
PLATFORM
03LEGISLATIVE PLATFORM INTRODUCTION
04PLATFORM GOALS
05A. GENERAL ADMINISTRATION
06B. FISCAL RESPONSIBILITY AND
TRANSPARENCY
07C. ECONOMIC DEVELOPMENT AND LAND USE
08D. HOUSING
09E. PUBLIC SAFETY AND WELLNESS
10F. INFRASTRUCTURE
11G. RECREATION AND COMMUNITY
SERVICES
05LEGISLATIVE PRIORITIES
12H. IMMIGRATION REFORM AND SERVICES
TABLE OF
CONTENTS
COUNCILMEMBER
MARCO BARCENA
INTRODUCTION
The 2026 Legislative Priorities outline the City of Bell Gardens' Legislative Platform ("Platform"), which defines the City's official positions on federal, state, and local legislation. The Platform streamlines the legislative advocacy process by providing clear direction from the City Council.
The City supports the protection of local and state funding, opposes unfunded or inadequately funded mandates, and advocates for local control. It opposes efforts to remove local decision-making authority and supports legislation that offers flexibility to meet mandates efficiently.
City departments are encouraged to monitor and be knowledgeable of any legislative issues related to their discipline; however, requests for the City to take positions on a legislative matter must be directed to the City Manager. City departments may not take positions on legislative issues without the City Manager’s approval.
When legislation aligns with the Legislative Platform, City staff will draft position letters for the Mayor’s approval and transmit them to the appropriate recipient. Given the constantly evolving political landscape, the Legislative Platform will be reviewed and updated annually. It will be published and distributed widely to ensure transparency and keep the public informed.
3 MAYOR PRO TEM
ISABEL GUILLÉN
MAYOR
MIGUEL DE LA ROSA
COUNCILWOMAN
DR. FRANCIS DE LEON SANCHEZ
COUNCILMEMBER
JORGEL CHAVEZ
BELL GARDENS CITY COUNCIL
PLATFORM
GOALS
Advocate the City’s legislative interests at the federal, state and local levels.
Provide information and updates to Legislators, the City Council, and staff on key issues and legislation that may impact the City.
Serve as an active participant with other local governments, the League of California Cities, California Contract Cities Association, regional agencies such as SCAG, GCCOG, and local professional organizations on legislative/regulatory issues that are important to the City and our Region.
Pursue federal, state and county funding opportunities to support City projects, services, and programs that enhance community services through potential earmarks, grants and other discretionary funding.
4 Page 303 of 315
1. Support legislation that enhances local control and allows cities to address the needs of local constituents within a framework of regional cooperation.
2. Support future redistricting efforts that amplify local and sub- regional voices at county, state, and federal levels. Work towards a representation framework that accurately reflects and addresses the distinct needs and aspirations of the city.
3. Support expanded access to technology and digital services and promote technological literacy to improve City operations and resident access to programs.
4. Oppose preemption of local authority whether by state or federal legislation or ballot propositions.
5. Oppose any legislation that preempts local authority. Each community has unique needs and characteristics that are best dealt with by the local governing body.
6. Oppose any new program mandates that are unfunded and/or partially funded.
5 2026
LEGISLATIVE
PRIORITIES
A. GENERAL ADMINISTRATION
1. Support timely and full cost reimbursement to the City for all federal, state and county‐mandated programs.
2. Support legislation that strengthens and expands ongoing revenue for the City.
3. Support favorable legislation and full funding eligibility to effectively leverage private, non-traditional funding sources, alternative financing options, and innovative project delivery methods.
4. Oppose any legislation that would make local agencies more dependent on the State for financial stability and policy direction.
5. Oppose legislation that would impose state mandated costs for which there is no guarantee of local reimbursement or offsetting benefits.
6. Oppose any change in revenue allocations that would negatively (current or future) affect local government, including the redistribution of sales tax, property tax, gas tax, and transient occupancy tax.
7. Oppose legislation that undermines and preempts local authority over local taxes and fees.
2026 LEGISLATIVE
PRIORITIES
6 B. FISCAL RESPONSIBILITY AND
TRANSPARENCY
1. Support legislation and funding that encourage the development of vacant and underutilized space, and promoting creative planning for growth. Prioritize initiatives that optimize land use to support sustainable and inclusive community development.
2. Support legislation and funding that enhances the City’s efforts to retain existing businesses and attract new businesses.
3. Support legislation and funding opportunities that provides tangible and productive tools and incentives to support job creation and retention.
4. Support legislation that proactively advance the design and construction of City Parks, Greenspace, Bike, and Walking Trails through sustainable funding mechanisms.
5. Support legislative language that not only prioritizes, but also guarantees, increased funding for cities designated as "park poor." Work towards a legislative framework that acknowledges and addresses the pressing needs of communities with limited access to green spaces.
6. Support programs that not only provide additional consideration for funding but also actively integrate art, culture, and the rich historical elements of the City into public spaces. Enhance the vibrancy and character of public areas, making them reflective of the community’s identity.
7. Oppose legislation that limits the City’s ability to condition and deny projects that negatively impact the community.
8. Oppose legislation that overrides the City’s adopted zoning ordinances.
9. Oppose legislation that reduces local land-use authority and/or alters local land use zoning designations without the approval of the local City Council.
10. Oppose proposals that would overstep local control and development of general plans, specific plans, transportation elements, and similar master planning documents.
C. ECONOMIC DEVELOPMENT
AND LAND USE
7 Page 306 of 315
D. HOUSING
8 1. Support innovative and collaborative policies and funding that not only lower housing costs but also drive development. Support initiatives that promote creative housing solutions and encourage partnerships for sustainable, inclusive community growth.
2. Support legislation that enhances local control of resources and that allows the City to address housing.
3. Support programs that quickly deliver emergency rental relief to both tenants and property owners. Prioritize initiatives that uphold housing stability for residents experiencing financial difficulties, fostering the overall well-being of the community.
4. Support policies that promote homeownership opportunities.
5. Oppose housing legislation that imposes unfunded mandated costs for which there is no guarantee of local reimbursement or offsetting benefits.
6. Oppose policies and programs that seek to limit local control over parking management, particularly in relation to housing.
1. Support legislation and grant opportunities that increase funding for law enforcement, fire suppression and prevention, hazardous materials mitigation, and emergency medical services.
2. Support legislation that provides funding to local agencies for training, disaster preparedness, and emergency planning.
3. Support efforts to increase access to healthier food options and locally sourced produce, particularly in areas designated as food deserts. Support initiatives that promote nutritional well-being and reduce food insecurity.
4. Support legislation and local, state, and federal programs that employ evidence-based best practice strategies to reduce the number of people experiencing homelessness by preventing homelessness for those at-risk; providing emergency and transitional housing; expanding affordable permanent housing; and promoting self-empowerment through counseling, job training, and other supportive services.
5. Support initiatives that tackle health disparities and prioritize the well- being and safety of all community members.
6. Oppose proposals or policies that would raise costs or shift risks related to law enforcement and public safety onto local governments. Advocate for a responsible allocation of resources and an equitable distribution of responsibilities to preserve the city’s financial stability. 9 E. PUBLIC SAFETY AND WELLNESS
1. Support measures to finance local and regional transportation programs and improvements, including alternative modes of transportation and transportation management systems.
2. Support new and innovative revenue options or continuous appropriations of new funding to cities to preserve, maintain, rehabilitate, and develop local street and road systems.
3. Support Legislative language proposals that would expand eligibility of funding for critical infrastructure and state of good repair projects within the City.
4. Support efforts that enhance the safety of City streets for car, bicycle, and pedestrian traffic, and reduce congestion.
5. Support policies that prioritize reduced energy and utility rates, rebates, or subsidies for low-income households. Emphasize the importance of equity in ensuring access to affordable essential services for all.
6. Oppose transportation proposals that would adversely affect the quality of life for residents by causing traffic congestion, air pollution, or other problems.
10 F. INFRASTRUCTURE
G. RECREATION AND
COMMUNITY SERVICES
1. Support legislation that creates new funding
opportunities for community facilities and parks.
2. Support efforts to develop exceptional recreation, sports, and outdoor learning programs. Advocate for inclusive
opportunities that enrich the quality of life, promote public health, and strengthen community well-being for all
residents of the City.
3. Support funding for American Disabilities Act (ADA)
facility and park upgrades.
4. Support funding that will expand state resources for local libraries, recreation, arts and culture programs.
5. Support legislation on statewide initiatives for:
Early education
After-school/Summer Programs for Youth
Services for vulnerable populations
6. Support legislation aimed at enhancing school sites and support education partnerships between cities and school districts.
11 Page 310 of 315
H. IMMIGRATION REFORM AND
SERVICES
12 1. Support policies and legislation for comprehensive immigration reform.
2. Monitor state and federal efforts to reform the immigration system.
3. Support a pathway to full and equal citizenship, including protection of the Deferred Action for Childhood Arrivals (DACA) program; the rights of immigrants, including birthright citizenship; and keeping families together.
4. Support eligibility of social services (Medi-Cal, food stamps, housing vouchers, unemployment, disability benefits, etc.) to residents regardless of immigration status.
5. Support funding for legal services to immigrants regardless of status.
6. Support expedited review of pending immigration cases.
7. Oppose federal enforcement actions targeting immigrant residents that lead to family separations and removal of long-time community members – recognizing the vital contributions of immigrants to the cultural, social and economic fabric of Bell Gardens.
8. Oppose federal efforts to penalize states that have sanctuary policies in place, such as withholding federal funding.
9. Oppose any efforts to include non‐cash benefits in the definition of ‘public charge’.
10. Oppose any efforts to further restrict legal immigrants’ access to federal benefits.
CITY OF BELL GARDENS
7100 GARFIELD AVENUE
BELL GARDENS, CA 90201
T (562) 806-7700
WWW.BELLGARDENS.ORG
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael B. O’Kelly, City Manager
BY: Bernardo Iniguez, Director of Public Works/Facilities SUBJECT:Discussion of Holiday Banner Pole Alternatives on Florence Avenue and Eastern Avenue
DATE: February 9, 2026
RECOMMENDATION:
It is staff’s recommendation that the City Council:
1. Provide direction to staff regarding the location of holiday banner pole alternatives on Florence Avenue and Eastern Avenue; or
2. Receive and file the report.
BACKGROUND/DISCUSSION:
On January 26, 2026, staff provided the City Council with an assessment of the following potential holiday decoration expansion alternatives:
•Installing new poles at the key entry corridors into the City; •Renting holiday decorations through a third-party vendor; and •Assessing the feasibility of purchasing SCE-owned poles.
After a discussion on the potential alternatives, the City Council directed staff to provide further assessment on the installation of holiday banner poles with overhead holiday banners on Florence Avenue, east of Eastern Avenue, and on Eastern Avenue, north of Florence Avenue.
The Engineer’s Estimate for the installation of holiday banner poles at one location is as follows:
Description Est. Cost
Purchase/Install Type 26-3-100 signal/banner poles $200,000 Purchase/Install aluminum flutes $45,000
Purchase/install aluminum base $45,000
Electrical work $25,000
40’ Overhead holiday banner with LED lights $10,000
Total estimated cost for ONE location $325,000
Florence Avenue East of Eastern Avenue
The concept for the holiday banner poles and banner at this location is illustrated below:
The daily traffic volume counts for this section of Florence Avenue heading westbound during the peak hours (7 AM to 8 AM and 4 PM to 5 PM) is approximately 4,300 vehicles.
Eastern Avenue North of Florence Avenue
The concept for the holiday banner poles and banner at this location is illustrated below:
The daily traffic volume counts for this section of Eastern Avenue heading northbound during the peak hours (7 AM to 8 AM and 4 PM to 5 PM) is approximately 2,300 vehicles.
Banner Pole Lead-time
Staff is engaging contractors to determine availability and lead-time for the necessary banner poles. We anticipate having a more definitive estimate within the next 2 to 3 weeks.
CONCLUSION:
If the City Council selects a location for the holiday banner poles and banner and directs staff to proceed with the procurement, staff will proceed with the procurement of the holiday banners and prepare any necessary plans and specifications for improvements, and present those to the City Council for approval at a subsequent City Council meeting.
FISCAL IMPACT:
The estimated cost for the installation of holiday banner poles and a banner at either Florence Avenue or Eastern Avenue would be approximately $325,000.
APPROVALS:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services