Agenda packet — Bishop City Council, March 10, 2025 (part 1 of 2)

CITY OF BISHOP

CITY COUNCIL MEETING AGENDA
City Council Chambers - 301 West Line Street - Bishop, California MONDAY, MARCH 10, 2025 - 6:00 PM

1. CALL TO ORDER - 6:00 p.m. Monday, March 10, 2025
NOTE: Mayor Pro Tem Stephen Muchovej will attend this meeting remotely from the following location: 3719 Hanover Road, Broad Fields, KY 40207 NOTICE TO THE PUBLIC: Please be advised this meeting is accessible to the public in person, on the City of Bishop website, or on the local government cable channel 12. In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the City Clerk at 760-873-5863 Extension 124. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR

35.102.35.104 ADA Title II].

The public is encouraged to participate or observe this meeting by:

1. Attending this meeting in person at the City of Bishop City Council Chambers located at 301 West Line Street in Bishop, California.

2. Observing this meeting live from the City of Bishop website at:
https://www.cityofbishop.com/government/city_council/index.php

3. Observe this meeting live from the local government cable channel 12.

Public comments may be made:

1. In person: Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration (or complete a speaker card prior to the meeting). Comments for all agenda items are limited to a speaking time of three minutes unless modified by the Mayor.

2. In writing: Go to http://bishop-ca.granicus.com/ViewPublisher.php?view_id=8 to submit an "eComment" for the corresponding meeting. Please note that eComment submissions closes at 3:00 p.m. on the day of the meeting. You may also hand deliver public comments to the City drop/payment box located at the Church Street entrance to City Hall on or before the deadline noted above. Written public comments received after the deadline will be provided to the Council at the earliest possibility. Please note written public comments received will not be read aloud at the meeting.

Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 377 West Line Street, Bishop, California during normal business hours.

Government Code 54957.5(b)(1). Copies will also be provided at the appropriate meeting.
1 2. MOMENT OF SILENCE

3. PLEDGE OF ALLEGIANCE - Councilmember Freundt will lead the pledge of allegiance.

4. ROLL CALL

5. PUBLIC COMMENT

6. PROCLAMATIONS
A. Proclamation - Declaring March 2025 as Multiple Sclerosis Awareness Month in the City of Bishop - Requested by National Multiple Sclerosis Society Ambassador Melinda Livermont.

7. PRESENTATIONS
A. PRESENTATION - 2025 Bishop Fire Department Volunteer Firefighter Awards - Presented by Fire Chief Bret Russell.

B. PRESENTATION - 2024 State of the Arts Report - Presented by Inyo Council for the Arts Executive Director Sharon Freilich.

8. DEPARTMENT REPORTS
A. Fire Department Report - Fire Chief Bret Russell
B. Police Department Report - Police Chief Nate Derr
C. Public Works Department Report - Public Works Director Nora Gamino D. Community Services Department Report - Community Services Manager Daniel McElroy
E. Planning Department Report - Assistant Planner Anastasiia Budnyk NOTICE TO THE PUBLIC: This time is set aside to receive public comment on matters not calendared on the agenda. When recognized by the Mayor, please state your name and address for the record and please limit your comments to three minutes. Under California law the City Council is prohibited from generally discussing or taking action on items not included in the agenda; however, the City Council will listen to all public comment but will not generally discuss the matter or take action on it.

Recommended Action: Council will read and present the proclamation declaring March 2025 as Multiple Sclerosis Awareness Month in the City of Bishop to National Multiple Sclerosis Society Ambassador Melinda Livermont.

Proclamation - Multiple Sclerosis Awareness Month - March 2025 Inyo Council for the Arts - State of the Arts 2024 Report Updates on department activities will be given by the Department Heads and/or their staff.

Fire Department Report - February 2025
Police Department Report - February 2025
Public Works Department Report - February 2025
Community Services Department Report - February 2025
Planning Department Report - February 2025
2 F. City Administrator Report - City Administrator Deston Dishion

9. COUNTY OF INYO UPDATE

10. CONSENT CALENDAR
A. City Council Meeting Minutes
B. Budget Adjustment Proposal
C. Police Department Flock Safety Contract
D. A Resolution to Extend the Term of the Existing Program of Work Known as the Community Economic Resiliency Fund Pilot
E. Principal Planner Job Description and Full-Time Salary Schedule F. General Plan Annual Progress Report
G. Building Permits Issued Report
City Administrator Report - February 2025
Prepared and presented by Second District Supervisor Jeff Griffiths.

NOTICE TO THE PUBLIC: All matters under the Consent Calendar are considered routine by the City and will be acted on by one motion.

Recommended Action: Council consideration to approve the City Council Meeting Minutes for February 10, 2025, and February 24, 2025.

Minutes 2025 02 10
Minutes 2025 02 24
Recommended Action: City Council to approve the proposed budget adjustment.

Recommended Action: Review and approve Flock safety contract in an amount not to exceed $187,500.00.

ALPR policy
Flock contract
Master Service Agreement
Recommended Action: Council consideration to approve the proposed resolution to extend the Eastern Sierra Council of Governments Program of Work to be known as the "ESCOG: Community Economic Resiliency Fund Pilot Program" and to seek approval from member agencies for this work.

Econ Dev Resolution_phase 2 _member agencies_FINAL (002).pdf Recommended Action: Council consideration to approve the proposed Principal Planner job description and proposed Full-Time Salary Schedule.

Principal Planner Job Description
2024-2025 Full Time Salary Schedule
Recommended Action: Staff recommends that the City Council approve the Annual Progress Report (APR) and submit the report to the California Department of Housing and Community Development (HCD) in compliance with state requirements.

City of Bishop General Plan Annual Progress Report 2024 City of Bishop Housing Element Tables 2024
Recommended Action: Council is requested to receive and file the attached Building Permits Issued Report for February 2025
Building Permits Issued Report - February 2025
3 11. NEW BUSINESS
A. Award Construction Bid for the Bishop Park Pool Resurfacing Project

12. FUTURE AGENDA ITEMS

13. COUNCIL AND COMMITTEE REPORTS

14. ADJOURNMENT
Recommended Action: Council consideration to:

Award the Bishop Park Pool Resurfacing Project to Dave Gross Enterprises Inc. dba Adams Pool Specialties in the amount of $298.921.00 Authorize the construction contract with Dave Gross Enterprises Inc. dba Adams Pool Specialties
Authorize the expenditure in a not-to-exceed amount of $298,921.00 including 10% contingency.

Bishop Park Pool Resurfacing Project
Pool Resurfacing Addendum1
Addendum 1 Bid Items Sheet
Tuesday, March 11, 2025 at 6:00 p.m. Special Meeting in the City Council Chambers MEETING CANCELLED - Monday, March 24, 2025 at 6:00 p.m. Regular Meeting in the City Council Chambers
4 5

STATE OF THE ARTS
2024 REPORT
Inyo Council For The Arts
6 Empowering artistry, enriching community and
fueling creativity since 1983
ICA continues to produce invaluable arts events
in our communities, provide diverse arts
programming in our schools, and bring art
opportunities for artists & vendors to our remote
area of the state. We provide mostly free access
to the arts for all in Inyo County.

We have a talented and passionate staff, a
dynamic board, 100+ energetic and committed
volunteers.

The goal of Inyo Council for the Arts (ICA) is to
advance the arts in Inyo County through
Goals
participation, education, and collaboration.

What we do Who We Are
7 1
2 3
Showcase our school art programs
that bring art to all Inyo
County Students
Identify the impact on Inyo County
communities and economy
Demonstrate our mission of
providing arts to all in Inyo County
via community events
In this presentation
we will
8 Brummit Taylor
Music Program
ICA School Art Programs
School Arts For All
(formerly School
Art Days)
+
Art Docent
Program
Poetry Out Loud
+ +
After School Art -
At Risk Youth
9 School Art For All
(SAFA)
In the 2023-2024 school year, ICA, in partnership with ICOE & ICPD, provided guided art projects that combine literacy, art education, creativity and self expression.
• Over 650 students participated (TK-8th)
• We brought together 75 volunteers
• We served 6 schools in Inyo County
• Over 650 art kits and books
were distributed
(formerly SADS- School Art Days)
10 Art Docent
Program
ICA’s Art Docent Program educates students in several historic & contemporary artworks based on a theme.

Students view and discuss the artwork, analyze similarities to other works, interpret the art and then get immersed in a related hands-on art project.
• 15 trained art docent volunteers facilitated the
program in the classrooms
• 4 Inyo County schools participated
• 35 classes were established each month
• 750 students participated once a month
for 6 months
11 Poetry Out Loud • Poetry Out Loud (POL) is a national program that encourages high school
students to learn about great poetry—
both classic and contemporary—
through memorization, performance,
and competition.
• The Winner, Mark Glenn (9th grade)
from Owens Valley High school, traveled
to Sacramento with family to compete at
the state level.
• In 2024, Poetry Out Loud inspired 9
students to compete and 4 volunteers to
get involved.
12 After School Art Classes
For At Risk Youth
• ICA hired and trained professional artists to teach
students art & music at JKBS and Keith Bright
schools.
• ICA supported Sage Romero and AkaMya’s Pow
Wow dance nights in Big Pine.

We partner with ICOE and ICPO to provide Art and Music for at risk youth.

Art in itself is a healing mechanism that helps develop healthy mental & emotional skills for self expression and interaction. 13 Brummit-Taylor Music
Program
• The Brummitt-Taylor Music Listening Program
is a daily curriculum program that teaches
classical music literacy to elementary
students in a simple, non-directed approach
for five minutes a day.
• After a short hiatus, ICA has re-introduced
the program to teachers and it is being
implemented in the 2024-2025 school year.
14 Community Art Days
• ICA partners with the Bishop Sunrise Rotary to create a family Community Art Day & Earth Day Sierra Event in the Bishop City Park. • Approximately 1,000 people attended.
• ICA covered the cost of local artist booths and provided kids art activities, live music, and take home hands-on projects.

Earth Day
Lone Pine Film Festival
• ICA collaborated with the Lone Pine Film Festival and the Lone Pine FFA to provide live music, cultural experiences, children’s arts and crafts activities in Spainhower Park, and subsidized local artists’ booth fees. • This event drew approximately 500 participants.
4th of July, Bishop and Independence
• For the 4th of July, we partnered with the City of Bishop and the Bishop Volunteer Fire Department.
• ICA sponsored the live music for the event, supplied the site with performance equipment and provided 4th of July themed art and give aways to kids of all ages.
15 Arts & Crafts Shows • The Memorial Day Arts and Crafts Show runs in conjunction with the Mule Days
celebration, which brings an estimated
30,000 people to Bishop each year.
• ICA organized approximately 100+
artists and food vendors for the 4 day
event annually held in Bishop City Park.
• ICA employed our local musicians to
provide free entertainment for the
public throughout the day on Sunday
Memorial Day
16 • This show coincides with the Tri
-County Fair.
• During the four day Labor Day Arts and
Crafts show, approximately 40 vendors
displayed and sold handcrafted items.
• The Labor Day Arts & Crafts attracted
many visitors and vendors that used our
hotels, gas stations, campgrounds and
restaurants. It also provided unique items
and specialty foods for our community to
purchase that cannot easily be found in
our rural area.

Arts & Crafts Shows
Labor Day
17 Millpond Music
Festival 2024
• For the 32nd year, the festival consisted of art, music, camping and the great outdoors featuring 16 culturally diverse musical acts, mostly local food and art vendors, kid’s art & music activities, yoga, and the Lion’s Club pancake breakfast.
• We provided free tickets to: all the Paiute Tribes in the county, Inyo/Mono students K-8, Progress House residents and their aides, Willow St. Fire victims and their aides, and we provided discounted tickets to all seniors.
• Educators & county employees received free or greatly reduced cost tickets for Friday night.
• Over 1500 attendees, with approximately 2/3rds visiting from outside our County.
• Inyo County received a boost to our economy from people who travel from all over the country/world to our festival and use our hotels, camping areas, restaurants, gas stations and retail stores before, during and after Millpond, promoting visitor activity and generating 18 Supporting Our Local Artists
Artwork is real work
• In 2024, we presented 3 themed gallery exhibits and art openings for local artists and the public. We provided a 3 night holiday shopping event to support our local artists. • We covered local artist booth fees for annual Earth Day and Lone Pine film Festival Community Art Day Events.
• We hired and provided a fair wage to our teaching artists • We supported local artists and their work through our gallery and giftshop with a 70/30 split, and with
promotion and outreach via our newsletter, website, and social media.
19 ICA Programs
& Events
Multi-cultural & outdoor connections
• We bring together cultures via exposure to music, visual arts, dance and storytelling.
• We partner with and/or support organizations and entities to bring diverse cultural events and programming with an appreciation of our natural surroundings and connectivity to nature and community.
• The majority of our community events are outdoors from spring through fall.
• Participation in the arts unites people of all backgrounds and is a healthy and creative outlet for all in our county and beyond.

Thank you for supporting ICA & the Arts in Inyo County! 20

THANK YOU TO OUR SPONSORS,

PARTNERS, SUPPORTERS
AND VOLUNTEERS!
21 22
Bishop, CA
This report was generated on 3/5/2025 11:11:15 AM
Bishop Fire Department
Breakdown by Major Incident Types for Date Range
MAJOR INCIDENT TYPE # INCIDENTS % of TOTAL
Fires 1 6.25%
Rescue & Emergency Medical Service 4 25%
Hazardous Condition (No Fire) 1 6.25%
Service Call 2 12.5%
Good Intent Call 6 37.5%
False Alarm & False Call 1 6.25%
Severe Weather & Natural Disaster 1 6.25%
TOTAL 16 100%
Zone(s): All Zones | Start Date: 02/01/2025 | End Date: 02/28/2025 Doc Id: 553
emergencyreporting.com
Only REVIEWED and/or LOCKED IMPORTED incidents are included. Summary results for a major incident type are not displayed if the count is zero.

Page # 1 of 2 23
Detailed Breakdown by Incident Type
INCIDENT TYPE # INCIDENTS % of TOTAL
118 - Trash or rubbish fire, contained 1 6.25%
322 - Motor vehicle accident with injuries 1 6.25%
324 - Motor vehicle accident with no injuries. 3 18.75% 412 - Gas leak (natural gas or LPG) 1 6.25%
521 - Water evacuation 1 6.25%
531 - Smoke or odor removal 1 6.25%
611 - Dispatched & cancelled en route 3 18.75%
622 - No incident found on arrival at dispatch address 2 12.5% 651 - Smoke scare, odor of smoke 1 6.25%
700 - False alarm or false call, other 1 6.25%
813 - Wind storm, tornado/hurricane assessment 1 6.25%
TOTAL INCIDENTS: 16 100%
Doc Id: 553
emergencyreporting.com
Only REVIEWED and/or LOCKED IMPORTED incidents are included. Summary results for a major incident type are not displayed if the count is zero.

Page # 2 of 2 24
Bishop Police Department
February 2025 End of Month Report

JAN FEB MARCH APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC
TOTAL INCIDENTS 1130 1137
CALLS FOR SERVICE 531 586
OFFICER INITIATED INCIDENTS 599 551

TRAFFIC
STOPS
71 68

OTHER OIA
INC.
528 483
BUS/BUILDING CHECKS 12 9
VEH/PED CHECKS 48 48
TOTAL OFFICER REPORTS 94 75
ACCIDENT 6 4
CRIMINAL ACCIDENT 1 0
FELONY 12 12
INFORMATION 32 24
INFRACTION 0 1
MISDEMEANOR 43 34
TC WITH INJURIES 1 1
TC NO INJURIES 6 3

TOTAL MISDEMEANOR & FELONY

ARRESTS
28 28
MISDEMEANOR ARRESTS 22 23
ADULT 18 20
JUVENILE 4 3
FELONY ARRESTS 6 5
ADULT 6 5

JUVENILE 0
CITATIONS 68 60
MOVING 15 15
NON-MOVING 29 22
CRIMINAL 24 23

CAMPING ORDINANCE CONTACTS
CAMPING ORDINANCE CITATIONS 2 0
25 JAN FEB MARCH APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC

DISPATCH PHONE

ACTIVITY
911 CALLS 185 184
INBOUND 181 173
ABANDONED 4 11
ADMINISTRATIVE CALLS 931 949
INBOUND 857 610
OUTBOUND 336 337
ABANDONED 8 2

26 Small Town with a
Big Backyard!

CITY OF BISHOP
377 West Line Street - Bishop, California 93514
Post Office Box 1236 - Bishop, California 93515
760-873-8458 [email protected]
www.cityofbishop.com
February 2025 Page 1 of 2
Public Works Report
February 2025
Water

1. Water consumption for the month was down 1% compared to February 2013. Total ground water produced was 19,702,904 gallons.

2. Took monthly bacteria samples.

3. Continued working on Lead service line inventory with Inyo County GIS staff to create a map with all service lines and the type of materials they are.

4. Checked static water levels at Wells #1, #2 and #4.

5. Continued to work with Wood Rodgers on the design for the W. Line water main replacement project and associated Preliminary Engineering Report.

6. Assist Bishop Fire Department with fire hydrant flow testing.

7. Contract with Gemini Group to assist in the implementation of an updated, professional Consumer Confidence Report.

Sewer

1. Periodically check the diversion manhole for obstructions.

2. Continued to serve as the Administrator for the Bishop Area Wastewater Authority.

3. Pull sludge from digesters at the WWTP.

4. Continued to work with new sewer camera equipment and camera trailer.

5. Clean problem sewer mains and continued with systematic cleaning of sewer system within the city.

6. Continue removing tulles from ponds at the WWTP and haul to 40 acres.

7. Video 6” sewer main on Johnston Drive to investigate I&I that is contributing to excessive lift station cycles.

8. Lift station maintenance, clean probes, clean check valve.

9. Switch over to South clarifier at the WWTP. Clean out North clarifier. Work on adjusting sludge transfer cycles per day and sludge valve operating times.

10.Continue to work with Eldridge Electric on Electrical issues with the sludge pump VFD at the WWTP.
27 Small Town with a
Big Backyard!

CITY OF BISHOP
377 West Line Street - Bishop, California 93514
Post Office Box 1236 - Bishop, California 93515
760-873-8458 [email protected]
www.cityofbishop.com
February 2025 Page 2 of 2

11.Check manholes during heavy rain event to help determine areas of high inflow and infiltration.

Streets

1. Routinely checked the Sierra Bike Path for trash and debris.

2. Patched potholes on City Streets.

3. Replace street sign at Willow & Main St. that was hit by vehicle.

4. Trim trees along city streets and around traffic signs.

5. Clear storm water inlets and outlets during heavy rain event to help minimize flooding.

6. Issue multiple encroachment permits and inspect work site before, during, and after work activities.

7. Meet with a representative of LA Department of Water and Power to discuss power pole relocation options for the East Line Street Bridge Replacement Project.

8. Continue working with Triad to complete the 100% Plans for the South Warren Sidewalk Project.

Miscellaneous

1. Provide weekly safety meetings for PW crew.

2. Marked City utilities for Dig Alert tickets.

3. Performed routine maintenance on Public Works fleet.

4. Continue to work on final punch list with Control Point Engineering to complete the fine tuning of the new SCADA System.

5. Continue to work with Wood Rodgers on Updating City Standards.

6. Begin work on Public Works Shop outdoor clean up and reorganization of equipment.

7. Install utility racks and beacons on both of the Chevy Silverado work trucks. 28 Small Town with a
Big Backyard!

CITY OF BISHOP
377 West Line Street - Bishop, California 93514
Post Office Box 1236 - Bishop, California 93515
760-873-8458
www.cityofbishop.com
Community Services Report
February 2024
Programs

1. After School Stay and Play program is operating at the Elm Street School, Monday through Friday The Stay and Play program is full, with a waiting list. Staff will work to find availability for those on the waiting list. In the month of January participants will participate in field trips to BUHS Basketball, Volleyball and Bowling.

2. The Bishop Park Pool is closed for the season. In the 2023-2024 season we offered Public swim, Swim Lessons, Swim Team, Swim Parties, and Lap Swim. The Aquatics Coordinator is currently addressing the 2023-2024 season to find availability for additional Public Swim opportunities. Aquatics Coordinator is working with the Bishop Swim Team and evaluating staffing levels for 2024-2025 and how this will affect our Pool budget. Interviews for Assistant Aquatic Coordinator have been conducted, and a selection has been made. Lifeguard interviews will take place in February 11,13, 18, 20, and 21.

3. Kids Night Out will have a break until Spring of 2025.

4. Gymnastics Winter Session #2 is now open. This program occurs at the City Hall Auditorium during weekdays. We continue to work with Rams Club and offer Birthday Parties. We have hired a new Gymnastics Instructor for the Baby Gym and Tumble TOT classes. Our Recreation Coordinator Nancy Gonzalez has conducted interviews for two potential instructors. We are now offering two new upper-level classes. Class availability will become more available in the winter session as we hire another staff member. We are working on the Spring Session scheduling. We plan on offering more Spring Sessions depending on staff availability.

5. Senior Yoga class continues to be successful. Hosted at the City Auditorium on Mondays and Wednesdays at 10am.

6. Adult Fitness Classes are in session from February-April with Instructor Ashley McLaughlin. There are evening classes on Wednesdays at the Auditorium. This Program will be offered through January 2025.
29 7. Looking forward to Adult Volleyball. Registration will open in January of 2025.

League play will begin in February 2025.

Parks and Facilities

1. AYSO Soccer Spring Soccer on Field 6.

2. Removed Holiday decorations on Warren Street and Main Street.

3. Field preparations for Softball and Baseball on fields 1,2,3,4 and 5. Including adding materials to all Bilpins.

4. Solicitation for quotes for concrete at City Hall and the City Park. This is to address tripping hazards. Plans to replace a large section of paved path with concrete in March 2025.

5. Clean up and irrigation repairs to landscaping on Warren street and Main streets.

6. Seasonal cleaning of flower beds on Main Street and Bishop Chamber.

7. Seasonal routine maintenance of all mowing and landscape equipment.

8. Daily routine of trash and cleaning of restrooms.

9. Cleaned debris from the creek, pond, and fountain.

10. Use of blower on Main Street Mondays and Fridays.

11.Seasonal adjustments are made to all City irrigation and City Park. As we move into Summer, Irrigation systems will be Audited for function and set for operation.

12.Winterization of the Park Pool facilities. Including the installation of the Winter covers.

13.Fall tree trimming at the City Park is ongoing. Eastern Sierra Tree Service continues to perform safety trimming. Meet with Eastern Sierra Tree Service to develop our Tree Safety Plan for Spring.

14.Worked with Bike Park Group on moving old materials for the Bike Park Area, to facilitate track construction. Phase one pump track is complete, and work has begun on the skills area. Work will continue until this project until completed. 30 15.Worked with the Little League organization for Field Lighting Project. Work will be ongoing on this project. Lights are installed and trenching for electrical are completed with plans to be operational in March 2025.

16.Repairs made to Front Restrooms and Talmage Park due to vandalism.

17.Replaced approximately 80 CU Yards of playground chips in the 7-12 ages Playground.

18.Moving forward with the Heating and Air conditioning unit for the Public Works Office.

Sunrise

1. Daily routine of trash, debris, and inspections.

2. Leaf clean up at all common areas and residents.

3. Collected rents and payments for utilities.

4. Weekly routine maintenance of all lawns, landscapes, and common areas.

5. Made multiple repairs to City owned main water supply. Valve replacement.

6. Began planning process of street and sidewalk replacement. Consultant has begun to design. Design is complete. We are seeking funding to complete this project.

7. Trimmed Trees adjacent to units to prevent branches that touch awnings.

8. The use of Organic Cat-Mase to mitigate feral cats.

9. Currently seeking a part time Staff member to fill a vacant position for maintenance.

10.Winterization of Swamp-coolers and irrigation.

Budget/Administrative

1. Held weekly staff meetings Tuesdays and Wednesdays.
31 2. Attended by-weekly City Council meetings.

3. Attended weekly Department Head Meetings.

4. Attended Field 6 Enhancement Project field design and design costs options from Wood Rodgers. A selection of the preferred design will be made in January.

5. Currently working with Eastern Sierra Energy to make upgrades to the existing Pool pumps. This will allow for energy efficiency and compliance.

6. Applications are open to fill the vacancy on the Parks and Recreation Commission.

Selected two Parks and Recreation Commissioners and two Council Members for screening committee.

7. Organized all Youth Sports Organizations on the use of Sportsites for schedules and games.

8. The Parks and Recreation Commission meeting on January 22nd at 6pm.

9. Communication with Bishop Area Bike Organization for the possible relocation of a portion of the Skills track to accommodate the Field 6 Enhancement Project. Phase one Pump Track is complete, and the group has begun work on the Skills Track.

10. California Urban Greening Grant has been awarded to the City of Bishop, coordination with the Friends of the Eastern Sierra Community Gardens. Work with selected contractor Clair Concrete Inc. has begun for the Community Garden Enhancement Project. The contractor has ongoing work on concrete paths, pergola, and irrigation. Clair Concrete Inc. plans to have construction completed in February 2025.

11.Scheduling of outside events and parties hosted at the Bishop City Park facilities.

12.Began review of 2024-2025 budget for Mid-Year adjustments. Meeting with staff and budget team to address any upcoming purchases and potential savings in all Community Services budgets.

13.Attended Meeting with the Bishop Swim Team to discuss 2025 operations of the Park Pool.

14.Released bid documents and advertisement for the Park Pool Resurfacing Project. 32 Highlights

1. Field 3 lighting project is nearing completion. Bishop Little League in partnership with LADWP and Southern California Edison have installed lights, trenches, and necessary electrical infrastructure to see this project become reality.

2. Applications for Lifeguards are open. Interviews will be conducted in February.

Aquatic Coordinator Danica Gomez has been working to create schedules and address staffing to accommodate expansion of public hours.

3. Community Garden Enhancement Project is moving forward with Clair Concrete Inc. to begin construction of new irrigation, concrete paths and pergola. This project is funded through CNRA California Urban Greening Grant.

4. Bid documents and advertisement for Park Pool Resurfacing Project. Conducted job walk at the Bishop Park Pool on January 14th at 10 am.

5. Purchase of New tractor.

6. Preparations for Spring and Summer events including Foodie Fiesta, Family Fun Day, Park Pool Luau, Hispanic Heritage Day, and Friday Night Markets.

7. Appointment of Kim Partridge to the Parks and Recreation Commission. 33 Small Town with a
Big Backyard!

CITY OF BISHOP
377 West Line Street - Bishop, California 93514
Post Office Box 1236 - Bishop, California 93515
760-873-8458 [email protected]
www.cityofbishop.com
November 2024 Page 1 of 1
Planning Department Report
February 2025

1. Complete Streets Assessment and Safe Speed Limits Grant Secured:
secured grant funding for a Complete Streets Assessment and Safe Speed Limits technical assistance in collaboration with the Safe Transportation Research and Education Center (SafeTREC) at UC Berkeley. Analysts will work with planning staff to:
• Analyze existing pedestrian and bicycle safety policies • Collect and assess crash data
• Conduct surveys and a one-day walking audit
• Prepare a report with findings and recommendations for safer streets This initiative aims to enhance street safety and help the City in the upcoming Active Transportation grant application.

2. Downtown Signage Enforcement: Coordinated efforts with business and property owners to enforce signage regulations and facilitate façade improvements. Upcoming updates include new façade paint for Bishop Twin Theater, Bob’s Auto, and Calvary Chapel.

3. Regional Housing Study: hosted First Community Workshop, working on Real estate industry interviews and employee/employer surveys.

4. Parking Study: met with Technical Advisory Committee to discuss the data gathered in 2024, preraring community surveys.

5. Silver Peaks: worked with Visionary Homebuilders on the application for Affordable Housing and Sustainable Communities grant application. The submission deadline is May 2025.

6. Prepared Annual General Plan and Housing Element Progress Report.

7. Worked with LADWP on the CEQA for new Training Facility on Why Road. 34 Small Town with a
Big Backyard!

CITY OF BISHOP
377 West Line Street - Bishop, California 93514
Post Office Box 1236 - Bishop, California 93515
www.cityofbishop.com
February 2025 City Administrator Report Page 1 of 2
City Administrators Report
February 2025

1. Continue to work with all of the Bargaining Units on contract negotiations.

2. Met with the area managers (Inyo, Mono and Mammoth) to discuss mutual areas of concern. Topics included air service and ESCOG.

3. Attended the Annual City Managers conference hosted by the California League of Cities.

4. Facilitated the first Technical Advisory Committee meeting for the parking and land use study.

5. Hosted the quarterly City of Bishop/Inyo County Liaison meeting.

6. Continuing discussions with local LADWP representatives to find a solution to Commercial lease transfers.

7. Worked with Graphic Solutions to take branding survey results and begin creating options for a logo.

8. Continue to work with Inyo, Mono and the Town Of Mammoth on a regional Housing Study.

9. Continue to work with multiple developers to entice them to invest in Bishop.

10.Updated the draft RFP to include comments made by ICEMA. Now the draft has been forwarded to the State for approval for an Exclusive Operating Area for EMS.

11..

12.Met with our Federal and State Lobbyists to discuss 2025 calendar and arrange meetings with our State and Federal Representatives.

13.Attended the Bishop Rural Fire Protection District.

14.Attended the month Eastern Sierra Air Alliance (ESAA) meeting to discuss the Bishop Airport and flight schedules.
35 February 2025 City Administrator Report Page 2 of 2

15.Continued meeting with each department within the city to discuss strategies to manage their department more efficiently and effectively.

16.Continued to work closely with the Personnel Department, Risk Management and California Joint Powers Authority to manage claims within the city.

17.Met individually with City Council members on a weekly basis.

18.Facilitated weekly Department Heads meetings.

19.Worked closely with Personnel to navigate several personnel issues. 36 CITY OF BISHOP

CITY COUNCIL MINUTES
FEBRUARY 10, 2025
1) CALL TO ORDER
Mayor Kong called the meeting of the Bishop City Council to order at 6:01 p.m. in the City Council Chambers, 301 West Line Street, Bishop, California. 2) MOMENT OF SILENCE
Mayor Kong announced a moment of silence.
3) PLEDGE OF ALLEGIANCE - Mayor Pro Tem Muchovej will lead the pledge of allegiance.

The Pledge of Allegiance was led by Mayor Pro Tem Muchovej. 4) ROLL CALL
PRESENT:

Councilmember Freundt
Councilmember Garcia
Mayor Pro Tem Muchovej
Mayor Kong
ABSENT:

Councilmember Schwartz
OTHERS PRESENT: Deston Dishion, City Administrator; Robin Picken, City Clerk; Russell A. Hildebrand, Deputy City Attorney; Ethan Aukee, Finance Director; Bret Russell, Fire Chief; Nate Derr, Police Chief; Nora Gamino, Public Works Director; and Dan McElroy, Community Services Manager
5) PUBLIC COMMENT
Public comments were made by:

Pastor Tim Homan, a local resident, a member of the Bishop Grace Lutheran Church, and a representative of the Eastern Sierra Pastoral Association, recited a prayer.

David Eichman, from the City of West Hollywood who served 27 years as a transportation commissioner, and is a second homeowner in Mammoth Lakes, spoke to the similarities between West Hollywood and Bishop and that he is a patron of our local businesses. He applauded the Council for stepping up and serving and wished them all the best.

No further public comments were made.
6) DEPARTMENT REPORTS
February 10, 2025 Page 1
37 Written reports from the Fire, Police, Public Works, Community Services, Planning, and Administration Departments were submitted on each department's activities including upcoming and ongoing projects. Verbal reports were also given by the Fire, Police, Public Works, Community Services, and Administration Departments.

6.A) Fire Department Report - Fire Chief Bret Russell
Fire Department Report - January 2025

6.B) Police Department Report - Police Chief Nate Derr
Police Department Report - January 2025

6.C) Public Works Department Report - Public Works Director Nora Gamino Public Works Department Report - January 2025

6.D) Community Services Department Report - Community Services Manager Daniel McElroy
Community Services Department Report - January 2025

6.E) Planning Department Report - Assistant Planner Ana Budnyk Planning Department Report-January 2025

6.F) City Administrator Report - City Administrator Deston Dishion City Administrator Report - January 2025
7) COUNTY OF INYO UPDATE
Second District Supervisor Griffiths provided an update on Inyo County business and activities.
8) CONSENT CALENDAR

8.A) Full-Time Monthly Salary Schedule - July 1, 2024 - June 30, 2025 2024-2025 Full Time Salary Schedule - 2025 02 10

8.B) A Resolution Renewing the City of Bishop’s Military Equipment Policy; AB 481-Military Equipment Annual Inventory and Report
Cover Page
AB 481 report 2025
AB 481 inventory 2025
Resolution - Renewing AB 481 Military Equipment Policy 2025 01 27

8.C) Challenger Sports - Agreement Letter of Extension
February 10, 2025 Page 2
38 Motion/Councilmember Garcia Seconded/Mayor Pro Tem Muchovej Cover Page
Vendor Agreement - Challenger Sports 2024 02 12
Letter of Agreement - Bishop P&R

8.D) Community Services Department - Purchase of Tractor Cover Page
Tractor Purchase Order
San Joaquin Tractor
Nolts Equipment
Garton Tractor

8.E) Building Permits Issued Report
Permits Issued Report - January 2025

8.F) Planning Commission Meeting Agenda
January 28, 2025 - Planning Commission Meeting Agenda
No public comments were made.

Councilmember Garcia made a motion to approve the Consent Calendar as presented with the requested change to update the name of the Mayor on Item 8B's proposed resolution for signature.

Motion passed 4-0
Ayes: Councilmember Freundt, Councilmember Garcia, Mayor Pro Tem Muchovej, Mayor Kong
Noes: None
Abstain: None

Absent: Councilmember Schwartz
9) NEW BUSINESS

9.A) Flock Security Camera and ALPR Project
Cover Page
Flock Sole Source Justification
Police Chief Derr reviewed this item with Council and addressed the questions and concerns he received from the community on this proposed purchase for the City.

After a thorough discussion by Council, Council directed staff to bring back the proposed contract with Flock Safety for Council's consideration to approve at a future February 10, 2025 Page 3
39 Motion/Mayor Pro Tem Muchovej Seconded/Councilmember Garcia Public comments were made by:

David Eichman, of West Hollywood, shared with Council what the City of West Hollywood did as it relates to the use of cameras and license plate readers (LPR).

David Eichman explained that the City of West Hollywood at first did not want to install cameras and LPRs and was concerned about the camera data as Council discussed, but later the City of West Hollywood saw the benefits of the use of cameras and LPRs from their neighbors in Beverly Hills in addressing crime and eventually voted to purchase and install such equipment in West Hollywood.

9.B) Handheld Radio Purchase
Cover Page
49er communications quote
Blackpoint LLC quote
Police Chief Derr reviewed this item with Council.

No public comments were made.

Mayor Pro Tem Muchovej made a motion to approve the purchase of new state of the art handheld radios from Blackpoint LLC for the police department in an amount not to exceed $49,629.00.

Motion passed 4-0
Ayes: Councilmember Freundt, Councilmember Garcia, Mayor Pro Tem Muchovej, Mayor Kong
Noes: None
Abstain: None

Absent: Councilmember Schwartz

9.C) Mid-Year Budget Adjustments
Cover Page
General Fund Revenue FY 2024-25 Midyear Budget Adjustment City Council FY 2024-25 Midyear Budget Adjustment
Administration FY 2024-25 Midyear Budget Adjustment
Finance FY 2024-25 Midyear Budget Adjustment
Police Department FY 2024-25 Midyear Budget Adjustment
meeting after addressing the question related to who owns the data from the purchased devices and to share the proposed Police Department policy related to live view cameras and automatic license plate recognition cameras to be adopted once these devices are installed and activated in the City.

Fire Department FY 2024-25 Midyear Budget Adjustment
February 10, 2025 Page 4
40 Motion/Mayor Pro Tem Muchovej Seconded/Councilmember Freundt Sewer Fund Midyear Analysis
Gas Tax Fund Midyear Analysis
Water Fund Midyear Analysis
SMHP Fund Midyear Analysis
COPS Fund Midyear Analysis
Finance Director Aukee reviewed this item with Council. No public comments were made.

Mayor Pro Tem Muchovej made a motion to approve the budget adjustments as presented.

Motion passed 4-0
Ayes: Councilmember Freundt, Councilmember Garcia, Mayor Pro Tem Muchovej, Mayor Kong
Noes: None
Abstain: None

Absent: Councilmember Schwartz
10) FUTURE AGENDA ITEMS
No requests for future agenda items were made by Council. 11) COUNCIL AND COMMITTEE REPORTS
Councilmember Freundt reported on meetings he attended and thanked the Public Works Department for the tour he was given of the wastewater plant last week. No other reports were given.
12) ADJOURNMENT
The Mayor adjourned the meeting at 7:32 p.m. to the City Council Meeting scheduled for Monday, February 24, 2025 at 6:00 p.m. in the City Council Chambers. ______________________________________
Karen Kong, Mayor
Attest: ______________________________
Robin Picken, City Clerk
Community Services FY 2024-25 Midyear Budget Adjustment Public Works FY 2024-25 Midyear Budget Adjustment
February 10, 2025 Page 5
41 CITY OF BISHOP

CITY COUNCIL MINUTES
FEBRUARY 24, 2025
1) CALL TO ORDER
Mayor Kong called the meeting of the Bishop City Council to order at 6:00 p.m. in the City Council Chambers, 301 West Line Street, Bishop, California. 2) ROLL CALL
PRESENT:

Councilmember Freundt
Councilmember Garcia
Councilmember Schwartz
Mayor Kong
ABSENT:

Mayor Pro Tem Muchovej
OTHERS PRESENT: Deston Dishion, City Administrator; Robin Picken, City Clerk; Karey Poole, Community Services Administrative Assistant; Dean J. Pucci, City Attorney; Nora Gamino, Public Works Director
3) PUBLIC COMMENT PRIOR TO CLOSED SESSION
No public comments were made.
4) CLOSED SESSION

4.A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code § 54956.9(b): 1 Potential Case

4.B) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Government Code § 54956.9 - Name of Case: City of Bishop et al vs. Aaron Schat et al Case No: SI CV CV-2368971 Closed Session began at 4:30 p.m. Closed Session ended at 5:45 p.m.

Mayor Pro Tem Muchovej joined the City Council Closed Session at 5:35 p.m. 5) OPEN SESSION
Mayor Kong called the open session of the Bishop City Council to order at 6:00 p.m. in the City Council Chambers, 301 West Line Street, Bishop, California. 6) MOMENT OF SILENCE
Mayor Kong announced a moment of silence.

February 24, 2025 Page 1
42 7) PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Kong.
8) ROLL CALL
PRESENT:

Councilmember Freundt
Councilmember Garcia
Councilmember Schwartz
Mayor Pro Tem Muchovej
Mayor Kong
ABSENT:

None.

OTHERS PRESENT: Deston Dishion, City Administrator; Robin Picken, City Clerk; Dean J. Pucci, City Attorney; Bret Russell, Fire Chief; Nate Derr, Police Chief; Nora Gamino, Public Works Director; Dan McElroy, Community Services Manager; and Karey Poole, Community Services Administrative Assistant 9) PUBLIC COMMENT
Mark Harrison, Pastor of the Seventh Day Adventist Church in Bishop, recited a prayer.

Mark Vincent, of Studio7 Collaborative + Eastern Sierra Entertainment Audio Video Company, spoke to his entertainment business along with Philip Ganoung who are available for hire in Bishop.
10) REPORT ON ACTIONS TAKEN IN CLOSED SESSION AS REQUIRED BY LAW
To report on actions taken in Closed Session as required by law, Mayor Kong read aloud the Closed Session items - 4.A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code § 54956.9(b): 1 Potential Case; 4.B) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Government Code § 54956.9 - Name of Case: City of Bishop et al vs. Aaron Schat et al Case No: SI CV CV-2368971; and announced that no reportable action was taken.
11) DEPARTMENT REPORTS
Reports from the Fire, Police, Public Works, Community Services, and Administration Departments were given on each of their department's activities including upcoming and ongoing projects.

Fire Chief Russell reported to Council on the completion of the new ventilation system for Fire Station 1, thanked Council for their support for the Bishop Fire Department and for public safety as a whole, and thanked the Bishop Volunteer Firefighters and their workplaces that continue to allow our volunteers to respond to fire calls.

February 24, 2025 Page 2
43 Police Chief Derr reported to Council on the Juvenile Justice Coordinating Council survey that was recently completed to help determine how their grant money is spent to assist our youth, the receipt of the Point In Time Count (PIT Count) study for unhoused individuals in Alpine, Mono, and Inyo Counties, working on contracts to benefit our community, scheduled their next Citizens Academy to begin on March 6, 2025, and stated as a reminder to the public that with good weather, call volumes typically go up; therefore he asked that everyone be mindful and cautious in what they do in order to not increase calls.

Public Works Director Gamino reported to Council on their annual reporting for water and wastewater, an update to the City's annual consumer confidence report on water quality, the arrival of their new Vactor vacuum truck last week, and announced that Assistant Planner Budnyk received the Complete Street Safety Assessment Grant for a comprehensive transportation safety assessment that will focus on pedestrian and bicycle safety that will help identify and implement traffic safety solutions to improve safety for everyone and support our planning efforts for our next round of Active Transportation Programs (ATP).

Community Services Manager McElroy reported to Council on the upcoming bid opening for the pool resurfacing project, the Parks and Recreation Commission Meeting on Wednesday, February 26, 2025, an update on their scheduled programs, lifeguard recruitment, and upcoming Water Safety Instructor (WSI) training for Aquatics Coordinator Gomez. Community Services Manager McElroy announced the activities at the City Park starting with the aeration of the fields, hosting the Eastern Sierra Girls Softball tryouts, Little League Baseball tryouts, field use by the Bishop Union High School Baseball and Softball teams, the installation of a concrete path between the tennis courts and the skate park, and provided an update on this year's Family Fun Day, Hispanic Heritage and Latino Conservation Week, and Friday Night Markets.

City Administrator Dishion reported to Council on the upcoming kick-off meeting for the Eastern Sierra Community Housing Needs Study on Thursday, February 27, 2025 at 9:00 a.m. via videoconference and is the first of six community meetings that will be facilitated in English and some in Spanish, the scheduling of the next City of Bishop and Bishop Rural Fire Protection District Joint Meeting, the first Parking Technical Advisory Committee Meeting, and shared information that Air Alliance Group and United Airlines is considering extending air service in Bishop through Mid-October 2025.
12) BISHOP AREA CHAMBER OF COMMERCE & INFORMATION CENTER UPDATE

12.A) Bishop Area Chamber of Commerce and Information Center Update Report - February 24, 2025
BACCIC February 24 2025 City Council Report
Bishop Area Chamber of Commerce and Information Center Executive Director Tawni Thomson reviewed her report with Council. After answering all of Council's questions, the Council thanked Tawni Thomson for her report.
13) CONSENT CALENDAR

13.A) City Council Meeting Minutes
February 24, 2025 Page 3
44 Minutes 2025 01 13
Minutes 2025 01 27

13.B) January 2025 Budget Report
January 2025 Budget Report

13.C) January 2025 Financial Reports
January 2025 Bank Reconciliation Report
January 2025 Combined Cash Report
January 2025 Investment Portfolio Report
January 2025 Warrant Register Report

13.D) Public Works Administrative Support Specialist Job Description and Fiscal Year 2024-2025 Full Time Salary Schedule
Cover Page
Public Works Administrative Support Specialist Job Description Fiscal Year 2024-2025 Full Time Salary Schedule

13.E) Police Department Flock Safety Contract
Cover Page
ALPR policy
Flock contract

13.F) Budget Adjustment for Grant Funded Energy Efficient Pool Pumps Cover Page
HSEF Demonstration Project_ City of Bishop Replacement Pool Pump

13.G) Amendment No.1 to Professional Services Agreement for Real Estate consultation and services between the City of Bishop and Bishop Real Estate Rasmusson and Assoicates Inc.

Cover Page
Amendment 1 to Professional Service Agreement with BRERA Professional Services Agreement Real Estate Services
2022 Letter of Extension
February 24, 2025 Page 4
45 Motion/Councilmember Schwartz Seconded/Councilmember Garcia Motion/Councilmember Garcia Seconded/Mayor Pro Tem Muchovej 2024 Letter of Extension

13.H) Planning Commission Meeting Cancellation Notice
February 25, 2025 - Cancellation Notice
Mayor Kong announced that Item 13.E Police Department Flock Safety Contract is pulled from the consent calendar and will be brought back at a later date. No public comments were made.

Councilmember Schwartz made a motion to approve the Consent Calendar as presented except for Item 13.E.

Motion passed 5-0
Ayes: Councilmember Freundt, Councilmember Garcia, Councilmember Schwartz, Mayor Pro Tem Muchovej, Mayor Kong
Noes: None
Abstain: None

Absent: None
14) NEW BUSINESS

14.A) Appointment to the Parks and Recreation Commission Cover Page
Statement of Interest from Kim Partridge
Community Services Manager McElroy reviewed this item with Council. No public comments were made.

Councilmember Garcia made a motion to approve the appointment of Kim Partridge to fill the unscheduled vacancy on the Parks and Recreation Commission with a term ending October 28, 2027.

Motion passed 5-0
Ayes: Councilmember Freundt, Councilmember Garcia, Councilmember Schwartz, Mayor Pro Tem Muchovej, Mayor Kong
Noes: None
Abstain: None

Absent: None
15) FUTURE AGENDA ITEMS
Councilmember Schwartz, with consensus from Council, asked that staff work with Council on a systematic approach on how Council Members are appointed to ad hoc committees and commissions.

Mayor Kong, with consensus from Council, asked staff to invite Northern Inyo Hospital 2023 Letter of Extension
February 24, 2025 Page 5
46 Mayor Pro Tem Muchovej, with consensus from Council, asked staff to invite a Mule Days Committee Representative to do a presentation on the 2025 Mule Days event, their 5-year vision, and fiscal solvency at a future meeting.

No further requests were made for future agendas items. 16) COUNCIL AND COMMITTEE REPORTS
Council Members reported on meetings and community events that they attended. 17) ADJOURNMENT
The Mayor adjourned the meeting at 6:46 p.m. to the City Council Meeting scheduled for Monday, March 10, 2025 at 6:00 p.m. in the City Council Chambers. ______________________________________
Karen Kong, Mayor
Attest: ______________________________
Robin Picken, City Clerk
presentation on their new billing policy at a future meeting.

District Chief Executive Officer Stephen DelRossi or a member of their Board to do a February 24, 2025 Page 6
47 Agenda Item: 10.B
Date of Meeting: March 10, 2025
Department: Finance
To: City Council
From: Ethan Aukee
Subject: Budget Adjustment Proposal
Prepared On: March 4, 2025

STAFF REPORT
Background/History:

The City budgeted $25,000 for costs associated with the creation of a City brand/logo for marketing and other purposes. This was originally budgeted within a capital expense account, but after further review, City staff have determined that these costs should be fully expensed when incurred, rather than capitalized and depreciated over time. There's nuance as to whether this type of expense is typically expensed or capitalized, and based on an improved understanding of the project, the cost should be expensed.

Analysis/Discussion:

The proposed budget adjustment is not increasing or decreasing total spending. Both affected accounts are within the Planning Department and the City's General Fund.

Economic Impacts:

None.

Budget Impacts:

Decrease in capital expense account 001-034-56028 in the amount of $25,000.

Increase in operating expense account 001-034-52015 in the amount of $25,000.

Legal Review:

Not required.

Recommended Action:

City Council to approve the proposed budget adjustment.

Approved By: Ethan Aukee 3/4/2025
Approved By:

Approved By:

Approved By:
48 Agenda Item: 10.C
Date of Meeting: March 10, 2025
Department: Police
To: City Council
From: Nate Derr
Subject: Police Department Flock Safety Contract
Prepared On: February 12, 2025
Attachments: ALPR policy
Flock contract
Master Service Agreement

STAFF REPORT
Background/History:

On 02-10-2025, the Police Department presented a community safety project comprised of Flock condor live view cameras and Automated License Plate Readers (ALPRs). The project was previously approved during strategic planning in the amount not to exceed $187,500.00.

This contract provides devices for a 60 month term, with an option after 60 months to continue for an additional 24 months. This item was placed on New Business for an open discussion to address concerns from the public. Council directed staff to return on 02-24-25, to present the contract and Department policy.

Analysis/Discussion:

Cameras and ALPRs are used to identify suspects and aid in investigations to reduce staff time and protect the community. There are concerns however with privacy. These concerns were addressed on 02-10-25, and we have follow up with Flock safety to insure the community is protected from both criminal activity as well as personal privacy.

Economic Impacts:

This item was previously budgeted for FY24/25.

Budget Impacts:

This item was previously budgeted for FY24/25.

Legal Review:

City Attorney Pucci has reviewed this item and finds it complies with the law.

Recommended Action:

Review and approve Flock safety contract in an amount not to exceed $187,500.00.

Approved By: Ethan Aukee 3/3/2025
49 Approved By: Robin Picken 3/3/2025
Approved By: Dean Pucci 3/6/2025
Approved By: Deston Dishion 3/6/2025
50 Policy
429
Bishop Police Department
Bishop PD Policy Manual
Copyright Lexipol, LLC 2024/10/24, All Rights Reserved.

Published with permission by Bishop Police Department
Automated License Plate Readers (ALPRs) - 1
Automated License Plate Readers (ALPRs)
429.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 429.2 POLICY
The policy of the Bishop Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.

All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. 429.3 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the Bishop Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery.

All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Administration Operation Commander. The Administration Operation Commander will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data.
429.3.1 ALPR ADMINISTRATOR
The Administration Operation Commander shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. 51 Bishop Police Department
Bishop PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2024/10/24, All Rights Reserved.

Published with permission by Bishop Police Department
Automated License Plate Readers (ALPRs) - 2
(g) Ensuring this policy and related procedures are conspicuously posted on the department’s website.
429.4 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business. (b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.
(d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so.
(f) If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert.
429.5 DATA COLLECTION AND RETENTION
The Patrol Operation Commander is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with department procedures.

All ALPR data downloaded to the server should be stored for a minimum of one year and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence.
429.6 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.

The Bishop Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
52 Bishop Police Department
Bishop PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2024/10/24, All Rights Reserved.

Published with permission by Bishop Police Department
Automated License Plate Readers (ALPRs) - 3
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(c) ALPR system audits should be conducted on a regular basis.

For security or data breaches, see the Records Release and Maintenance Policy. 429.7 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a written request for the ALPR data that includes:

1. The name of the agency.

2. The name of the person requesting.

3. The intended purpose of obtaining the information.
(b) The request is reviewed by the Administration Operation Commander or the authorized designee and approved before the request is fulfilled. (c) The approved request is retained on file.

Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). 429.8 TRAINING
The Training Coordinator should ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
53 Flock Safety + CA - Bishop PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Zach Walker
[email protected]
+14085294335
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 54 ORDER FORM
This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”) Customer: CA - Bishop PD Initial Term: 60 Months
Legal Entity Name: CA - Bishop PD Renewal Term: 24 Months Accounts Payable Email: Payment Terms: Net 30
Address: 207 W Line St Bishop, California 93514 Billing Frequency: Total Contract Billed at Signing Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $35,650.01
Flock Safety Flock OS
FlockOS ™ - Essentials Included 1 Included
Flock Safety Bundles
Solar LPR Combo Bundle Included 1 Included
Video Camera - Multidirectional Bundle 180° Fixed
+ PTZ, fka Condor Included 1 Included
Dual Solar LR Bundle Included 1 Included
Flock Safety LPR Products
Flock Safety LPR, fka Falcon Included 1 Included
Solar Long-Range LPR, fka Solar Falcon LR Included 1 Included Solar LPR, fka Solar Falcon Included 1 Included
Solar Long-Range LPR, fka Solar Falcon LR Included 2 Included Flock Safety Video Products
Flock Safety Video Camera PTZ w/ LTE Service,
fka Condor Included 2 Included
Solar Video Camera Fixed, fka Condor Included 2 Included Flock Safety Video Camera PTZ w/ LTE Service,
fka Condor Included 1 Included
Flock Safety Video Camera PTZ w/ LTE Service,
fka Condor Included 2 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 55 Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 1 $650.00 Professional Services - Solar Bundle Implementation
Fee $900.00 1 $900.00
Professional Services - Bundle Implementation Fee $900.00 1 $900.00 Professional Services - Solar Bundle Implementation
Fee $900.00 1 $900.00
Video Camera Professional Services - Standard
Implementation Fee $750.00 1 $750.00
Professional Services - Existing Infrastructure
Implementation Fee $150.00 1 $150.00
Video Camera Professional Services - Standard
Implementation Fee $750.00 2 $1,500.00
Estimated Tax: $0.00
Contract Total: $184,000.04
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardware that requires selfinstallation shall commence upon execution of the Agreement. In the event a Customer purchases more than one type of Flock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agreement.

Billing Schedule
Billing Schedule Amount (USD)
Total Contract Due at Signing $184,000.04
*Tax not included
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 56 Product and Services Description
Flock Safety Platform Items Product Description
FlockOS ™ - Essentials
An integrated public safety platform that detects, centralizes and decodes actionable evidence to increase safety, improve efficiency, and connect the community.

Flock Safety Video Camera PTZ
w/ LTE Service, fka Condor
Law enforcement grade live streamed PTZ camera with 30 days of edge storage. VMS included and server free. Installed and maintained by Flock Safety, turn key-no additional software or integrations required.<br><br>*Flock provided sim card camera is limited to 25 hours per month of live streaming.

Flock Safety LPR, fka Falcon
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.

Solar LPR Combo Bundle One solar-powered fixed long-range camera and one solar-powered, standard-range LPR camera on the same pole Video Camera - Multidirectional
Bundle 180° Fixed + PTZ, fka
Condor Multi Directional Mount with 3 Fixed Video Cameras with 180 degree view and PTZ on same pole with 30 days of storage, AC Powered Dual Solar LR Bundle Two solar-powered fixed long-range LPR cameras on the same pole Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Solar Long-Range LPR, fka Solar
Falcon LR
Law enforcement grade, long range and high vehicle speed license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users, with LTE. Solar Power only Solar LPR, fka Solar Falcon
Standard range license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users, with LTE
Professional Services - Solar
Bundle Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services - Bundle
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Solar Video Camera Fixed, fka
Condor
Flock Safety Video Camera PTZ
w/ LTE Service, fka Condor
Solar Long-Range LPR, fka Solar
Falcon LR
Law enforcement grade, long range and high vehicle speed license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users, with LTE. Solar Power only Professional Services - Solar
Bundle Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Video Camera Professional
Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services - Existing
Infrastructure Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment of existing vertical infrastructure location, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

FlockOS Features & Description
FlockOS Features Description
Community Network Access
The ability to request direct access to feeds from privately owned Flock Safety LPR cameras located in neighborhoods, schools, and businesses in your community, significantly increasing actionable evidence that clears cases.

Unlimited Users Unlimited users for FlockOS
State Network (License Plate Lookup Only) Allows agencies to look up license plates on all cameras opted into the Flock Safety network within your state.

Nationwide Network (License Plate Lookup Only)
With the vast Flock Safety sharing network, law enforcement agencies no longer have to rely on just their devices alone. Agencies can leverage a nationwide system boasting 10 billion additional plate reads per month to amplify the potential to collect vital evidence in otherwise dead-end investigations.

Law Enforcement Network Access The ability to request direct access to evidence detection devices from Law Enforcement agencies outside of your jurisdiction.

Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 57 License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

Insights & Analytics Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.

ESRI Based Map Interface Map-based interface that consolidates all data streams and the locations of each connected asset, enabling greater situational awareness and a common operating picture.

Real-Time NCIC Alerts on Flock ALPR Cameras
Receive automated alerts when vehicles entered into established databases for missing and wanted persons are detected, including the FBI's National Crime Information Center (NCIC) and National Center for Missing & Exploited Children (NCMEC) databases.

Unlimited Custom Hot Lists Ability to add a suspect's license plate to a custom list and get alerted when it passes by a Flock camera
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 58 By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed agreement.

The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - Bishop PD
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 Chief of Police
Mark Smith Nathaniel Derr
59 1
Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”). This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A.

WHEREAS, Flock desires to provide Customer the Flock Services 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 and evidence gathering for law enforcement purposes, (“Permitted Purpose”).

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 60 2

1.1 “Agreement” means the order form (to be provided as Exhibit A, “Order Form”), these terms and conditions, and any document therein incorporated by reference in section 11.4.

1.2 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.3 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.4 “Customer Data” means the data, media, and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.5. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.6 “Effective Date” means the date this Agreement is mutually executed (valid and enforceable) by both Parties.

1.7 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.8 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable Order Form.

1.9 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.10 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.11 “Footage” means still images, video, audio, and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 61 3

1.12 “Integration Data” means any distribution of data from a Customer requested third party integration.

1.13“Installation Services” means the services provided by Flock for installation of Flock Services.

1.14 “Permitted Purpose” means for legitimate public safety and/or business purpose, including but not limited to the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law.

1.15 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the applicable Order Form. Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices.

1.16 “Term” means the date, unless otherwise stated in the Order Form, upon which the cameras are validated by both Parties as operational.

1.17 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the Retention Period. Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users.

Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 62 4

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Updates to Platform. Flock may make any updates to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such updates are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”).

Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured.

Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 63 5

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”).

Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances.

In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up-to-date contact information at all times during the Term of this Agreement. Customer shall be responsible for obtaining and maintaining any equipment and Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 64 6
ancillary services needed to connect to, access or otherwise use the Flock Services (e.g., laptops, internet connection, mobile devices, etc.). Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 65 7
Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

4.4 Data Distribution. Customer may, upon request, choose to integrate Flock Services with a third party to either distribute Integration Data or Customer Data (such third party, “Recipient”).

Upon such request, Customer hereby grants to Flock a non-exclusive, non-transferable, royaltyfree, perpetual license to access, share, view, record, duplicate, store, save, reproduce, modify, display, and distribute Customer Data and/or Integration Data, as required by the requested distribution. Customer acknowledges that such data may be viewed, recorded, duplicated, stored, saved, reproduced, modified, displayed, distributed, and retained by Recipient for a period longer than Flock’s standard retention period and hereby provides consent to such retention period. Unless expressly listed in the Order Form, the provision, access, or use of any Application Programming Interfaces ("APIs") is not included under this Agreement. Any rights, licenses, or obligations related to APIs shall be governed solely by the terms set forth in the Order Form or a separate agreement between the parties.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information provided by the Disclosing Party to the Receiving Party regarding features, functionality and performance of this Agreement. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 66 8
such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover, or recreate the source code, object code or underlying structure, ideas or algorithm of the Flock Services or any software provided hereunder; modify, translate, or create derivative works based on the Flock Services or any software provided hereunder, (ii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iii) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (iv) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (v) use the Flock Services for anything other than the Permitted Purpose; or (vi) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 67 9

5.3 Disclosure of Footage. Subject to and during the Retention Period, 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 comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. To the extent the Order Form is silent, Customer shall pay all invoices net thirty (30) days from the date of receipt. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide Customer with sixty (60) days notice (email sufficient) prior to the end of the Initial Term or Renewal Term (as applicable). Any such changes to fees shall only impact subsequent Renewal Terms.

6.3 Taxes. To the extent Customer is not a tax exempt entity, Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 68 10
amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Unless otherwise indicated on the Order Form, the Term shall commence upon first installation of Flock Hardware, as applicable. Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and

11.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 69 11
discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to Flock Service, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 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. 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.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK IS NOT LIABLE FOR ANY DAMAGES OR ISSUES ARISING FROM THIRDPARTY DISTRIBUTIONS REQUESTED BY CUSTOMER. AFOREMENTIONED DISTRIBUTION IS AT CUSTOMER’S OWN RISK. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE

ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS

DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies to be provided as Exhibit B.

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 70 12

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS 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 LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL

KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS

THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,

EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE

ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT

ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION

11.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 71 13

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 72 14

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C. Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this Agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 73 15

11.1 Compliance with Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral, communications and other understandings relating to the subject matter of this Agreement. All waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 74 16
chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the Order Form and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Upon prior written consent, Flock has the right to reference and use Customer’s name and disclose the nature of the Services in business and development and marketing efforts.

Nothing contained in this Agreement shall be construed as conferring on any Party, any right to use the other Party’s name as an endorsement of product/service.

11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Customer or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system.

Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 75 17
commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing upon the Effective Date.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested. All notices will be provided to the email or mailing address listed in the Order Form.

11.15 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of public funds are conditioned on the availability of said funds appropriated for that purpose. To the extent applicable, Customer shall have the right to terminate this Agreement for non-appropriation with thirty (30) days written notice without penalty or other cost. .

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 76 18
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 77 19

EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees. For the avoidance of doubt, (i) all required insurance limits by Customer can be met through a combination of primary and excess/umbrella coverage, and (ii) Flock’s Cyber and Professional Liability/Errors and Omissions insurance has a shared limit of Five Million Dollars (5,000,000) per incident and in the aggregate.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Workers Compensation insurance in accordance with statutory limits; (iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 78 20
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 79 Law Enforcement
Customer Implementation Guide
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 80 Customer Implementation Guide: LAW ENFORCEMENT 1
Implementation Timeline

Flock Safety Team

Implementation Service briefs: Existing Infrastructure
vs Standard vs AdvanceL
4 Existing Infrastructure Implementatio[
4 Standard Implementatio[
4 Advanced Implementation

Things to Consider When Selecting Locations

Customer Responsibilities: AC-Powered Cams

Electrician HandouT
4 Electrician Installation Step;
4 FAQs about AC-Powered Flock Cameras

Installation Service Brief Summary

Permitting: Pre-Install Questionnaird
p# Timelind
$# Right of Wao
!# AC Power vs. SolaG
# Traffic Control & Installation Method;

# Paperwork & Required Form;

# Contacts

*Fee Schedule

Help Center

Customer Support

................................................................. 2

............................................................................ 3

............. 6

......................... 12

........................ 14

........................................................................ 15

............................................. 18

.......................................... 19

................................................................................. 21

..................................................................................... 22

.......................................................................... 22 Table of Contents
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 81 Review Locations Confirm camera locations with your sales representative FLOCK: Your sales representative will present several viable options for camera locations

CUSTOMER: Review Deployment Plan & approve camera locations

Please Note: If Public Works is required to move forward, please obtain approval finalize Locations Prepare for finalized camera locations FLOCK: Confirm Deployment Plane and signed agreement. Flock will move forward with next steps for locations that don't need permits (minimum 10 locations needed to move forward with partial installation)

CUSTOMER: Prepare the below items, as neede©
If permits are required, begin application proces
If camera will be AC-powered, hire an electrician/street department Step 1 Conduct On-site Survey & Place Flags
FLOCK: Flock technician conducts site survey to (1) evaluate/reconfirm solar or power access, (2) check line of sight to the road, and (3) evaluate/reconfirm cellular service in the area. When the technician deems the locations suitable, s/he will place a white flag at each spot

If the initially determined locations don't meet Flock standards, we will evaluate a new location, obtain customer approval, and redo a site survey. This may push timeline for installation
PLEASE NOTE:

Step 2 Call 811
FLOCK: Flock Safety will coordinate with Call 811 to mark each camera location for underground utilities within a 10-foot radius

Call 811 is a government service, so turnaround times may vary and is outside of Flock control
PLEASE NOTE:

Step 3 Schedule Installation
FLOCK: Flock will (1) ship any site specific material that the technician does not have locally (2) schedule the installation date
Step 4 Install & Validate Cameras
FLOCK: After installation, your Onboarding Specialist will confirm that cameras are capturing footage well and functioning properly. They will then give you full access to the system along with helpful training resources
Ongoing as Needed Finalize Any Installation Needs
FLOCK: While we typically complete installations within 4 weeks of finalizing locations, delays may occur due to external factors. In these instances, we will continue to work through this process until your cameras are fully installed and operational 2 This timeline provides general guidance and understanding of your installation process. While we typically complete installations 6-8 weeks after locations have been finalized, delays can occur as noted in the timeline below:

Implementation Timeline
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 82 Implementation Team How They Will Support You
Field Operations
Team
W The Field Operations team is responsible for the
physical installation and maintenance of
cameras and associated equipment provided by
Flock. This includes a large team of technicians,
schedulers, and many others involved in
ensuring the delivery of the product.D
W They take the technical plan you finalized with
Product Implementation and work closely with
other teams at Flock to make sure that the
cameras are installed quickly and safely and in
a way that maximizes the opportunity to solve
crime at a specific location1
W *Note*: For
, please always direct them to your
and not the
technician.
all Installation questions or
concerns
Customer Success Manager
Project Manager
Your is your
Your project manager will guide you through the
entire installation process, keeping you apprised
of all implementation updates as well as answering
any questions you have during this time. They will
ensure that all the cameras are on the ground and
operating for at least 48 hours before transitioning
you to your Customer Success Manager.

Project Manager primary contact
during camera installation.

3 Flock Safety Team
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 83 Relationship Team How They Will Support You
Flock Safety
Support
The Flock Safety Support team is committed to
answering all your day-to-day questions as quickly
as possible. , simply
email
Support can help you:
9 Request camera maintenanc{
9 Troubleshoot online platforW
9 Contract / Billing questionA
9 Update account informatioi
9 Camera Sharing questionA
9 Quick “How to” questions in your Flock Account
To get in touch with support
[email protected] or call
866-901-1781 Mon-Fri 8am-8pm EST.

Customer Success

Manager
Your Customer Success Manager is your strategic
partner for your lifetime as a Flock customer.

While the cameras are getting installed, your CSM
will help get your account set up and get all key
users trained on the system.

Post-Camera-Installation, your CSM will be your
go-to for most account-related needs: You should
reach out to them to:
9 Set up Account TraininÎ
9 Understand benefits of featureA
9 Learning best practices for getting relevant
datæ
9 Identifying opportunities to expand the security
network in your areæ
9 Provide feedback on your partnership with
Flock
4 Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 84 Outside Party When they may be involved
If the Flock cameras need to be AC powered, you
(customer) are responsible for providing an
electrician to ensure power connectivity
Electrician/Street
Department
To weigh in on the use of public Rights of Way or
property Public Works (LE)
If installation in your area requires permitting
Department of
Transportation
(DOT), City, or
County agencies
5 PLEASE NOTE: On some occasions, third parties outside of Flock Safety may be (or need to be) involved in your implementation.

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 85 Included in scope:

Once designated locations are approved by the customer, as part of the Flock will perform the following
U An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc. U 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 U Confirm that a location is safe for work by following State utility locating procedures.@
U Each installation may include the following
U Installation of camera and solar panel or AC adapter box on a suitable existing pole

Existing
Infrastructure Implementation Service
COST: $150 per camera (one time cost)
Existing Infrastructure Implementation
Existing
Infrastructure Install
Pole None Flock NCHRP 350 /
MASH
Timeline Short Medium Longest
Cost Lowest Mid Highest
Standard
Install
Advanced
Install
Implementation Service Briefs: Existing
Infrastructure vs Standard vs Advanced
6 Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 86 7
Out of scope:

By default, Flock does include the following as part of the but can provide a quote for sourcing at
an additional cost/
a Mounting on mast arms (always require bucket truck and traffic control

a Call 811 ‘Call-before-you-Dig’ systev
a Installation of any poles including but not limited t a Standard, 12’ above grade
a NCHRP 350 or MASH approved pole (as may be required for locations in DOT right of way

a A Bucket Truck for accessing horizontal/cross-beams and/or height above 14$ a Special equipment rentals for site accesR
a Site-specific engineered traffic planR
a Third-party provided traffic controG
a State or city-specific specialty contractor licenses or unique attachment/ connection requirementR
a Custom engineered drawingsA
a Electrical work requires a licensed electrician.
not Existing
Infrastructure Implementation Service
Flock breakaway pol}
a Types of existing infrastructure such as existing utility, light, and traffic signal polesË
a Pole no higher than 8’-12’ (approval at Flock Safety’s discretion

a Flock will provide and mount an AC adapter unit that a qualified electrician can connect to AC power following our
. Flock is unable to make any AC connections or
boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Electrical work requiring a licensed electrician and associated costs, not included in the scopeË
a Access requiring up to a 14’ using an A-frame laddeå
a Standard MUTCD traffic control procedures performed by a Flock technicia×
a Obtain a business license to operate in the city and state of camera location

electrical wiring
requirements
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 87 8
Included in scope:

Once designated locations are approved by the customer, as part of the Flock will perform the following
= An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc.)3 = Confirm that a location is safe for work by following state utility locating procedures. Work with local utilities to prevent service interruptions during the installatio+
= Engage 811 ‘Call-before-you-Dig’ system to receive legal dig dat) = Apply approved markings Coordinate with 811 regarding any necessary high-risk dig clearances or required vendor meet#
= Each installation may include the following
= Installation of camera and solar panel with
Standard Implementation Service
standard, 12’ above grade
Flock breakaway pole

COST: $650 per camera (one time cost)
Standard Implementation
= Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power but cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material)
= Concrete cuttin
= Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc. = Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.
= Any fees or costs associated with filing for required city, county, or state permit#
= Licensing or attachment agreements with asset / infrastructure owners3 = Utility contracts and billing3
= Customer requested relocations (see fee schedule)
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 88 9
Out of scope:

By default, Flock does include the following as part of the Standard Implementation Service but can provide a quote for sourcing at an additional cost 9 Use and/or mounting to existing infrastructure
9 NCHRP 350 or MASH approved pole (as may be required for locations in DOT right of way
9 A Bucket Truck for accessing horizontal/cross-beams and/or height above 14# 9 Special equipment rentals for site acces4
9 Site-specific engineered traffic plan4
9 Third-party provided traffic contro/
9 State or city-specific specialty contractor license4
9 Custom engineered drawings'
9 Electrical work requires a licensed electrician.'
9 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)
9 Concrete cuttin
9 Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc.) not
9 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
9 Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power following our . Flock
is unable to make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Electrical work requiring a licensed electrician and associated costs, not included in the scope
9 Access requiring up to a 14’ A-frame laddex
9 Standard MUTCD traffic control procedures performed by a Flock techniciaz 9 Obtain a business license to operate in the City and State of camera location electrical wiring requirements
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 89 10
& Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.
& Any fees or costs associated with filing for required city, county, or state permit
& Licensing or attachment agreements with asset / infrastructure owners & Utility contracts and billing
& Customer requested relocations (see fee schedule)
Included in scope:

Once Designated Locations are confirmed, as part of the , Flock will perform the following6
& 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 installatioT
& Engage 811 ‘Call-before-you-Dig’ system to receive legal dig datR & Apply approved markings Coordinate with 811 regarding any necessary high-risk dig clearances or required vendor meet
& Each installation may include the following6
& Installation of camera and solar panel on a suitable
approved pole.
& Installation of camera and AC adapter that a qualified electrician can connect to AC power.
& Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power following our .

Flock cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material).

Advanced
Implementation Service
NCHRP 350 or MASH
electrical wiring requirements
COST: $1,900 per camera (one time cost)
Advanced Implementation
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 90 11
Out of scope:

By default, Flock does not include the following as part of the but can optionally provide a quote for sourcing
(additional cost)

1 Installation on or existing
infrastructure
1 A Bucket Truck for accessing horizontal/cross-beams and/or height above 14 1 Special equipment rentals for site acces,
1 Site-specific engineered traffic plan,
1 Third-party provided traffic contro&
1 State or City-specific specialty contractor license,
1 Custom engineered drawing,
1 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)
1 Concrete cuttin
1 Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc.

1 Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.

1 Fees or costs associated with filing for required City, County, or State permits Advanced
Implementation Service
Standard, 12’ above grade Flock breakaway pole
|
1 Access requiring up to a 14’ A-frame ladde
1 Standard MUTCD traffic control procedures performed by a Flock technicia
1 Obtain a business license to operate in the City and State of camera location Electrical work requiring a licensed electrician and associated costs, not included in the scope.

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 91 12
5 Mountin
5 They can be mounted on existing utility, light, traffic signal poles, or 12 foot Flock poles.
5 They should be mounted one per pole. If using AC power, they can be mounted 2 per pole.%
5 They can be powered with solar panels or direct wire-in AC Power (no outlets).
5 They will require adequate cellular service using AT&T or T-Mobile to be able to process & send images.
7 **
**7
5 PlacemenH
5 They capture vehicles driving away from an intersection. % 5 They cannot point into the middle of an intersection.% 5 They should be placed after the intersection to prevent stop and go motion activation or “stop and go” traffic.

Falcon Cameras%
5 Use Case
5 Flock LPRs are designed to capture images
of rear license plates aimed in the direction
of traffic.%
5 Flock LPRs are not designed to capture
pedestrians, sidewalks, dumpsters, gates,
other areas of non-vehicle traffic,
intersections.

Things to Consider When Selecting Locations
*
**
***
Permitting (or permission from pole owner) may be required to use existing infrastructure or install in specific areas, depending on local regulations & policies.

Cameras need sufficient power. Since a solar panel is required per camera, it can prevent adequate solar power if two cameras and two solar panels are on a single pole (blocking visibility). Therefore if relying on solar power, only one camera can be installed per pole.

Flock does not provide Electrical services. Once installed, the agency or community must work with an electrician to wire the cameras. Electrician services should be completed within two days of installation to prevent the camera from dying.

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 92 13
Pole

not
If a location requires a "DOT Pole” (i.e., Advanced
Pole, Flock standard pole), the implementation
cost will be $5,000/camera.

Solar Panels

Solar panels need unobstructed southern-facing
views.

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 93 14
Customer Responsibilities: AC-Powered Cams
If the Flock cameras need to be AC-powered, the for
acquiring an electrician and ensuring they connect the camera to power. .
customer is responsible
See steps
2 and 6 below

6. Connect Camera to Power

Notify the electrician that the camera is ready for the power connection installation

5. Install Camera

Flock will install the camera and AC power kit at the specified camera location

4. Conduct Site Survey

Flock will mark camera locations, locate underground utilities and mark if present

3. Sign Flock Safety Agreement

Sign the Flock Safety purchase order to begin the installation of cameras

2. Acquire an Electric Quote

Contact an electrician to receive a quote to run 120volt AC power to 120v the camera

1. Create a Deployment Plan

Work with us to select the best location(s) for Flock Safety cameras and power sources
How to Get Started with a Powered Install
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 94 15
Electrician Handout
Electrician Installation Steps,
/ Run AC cable and conduit to the box
according to NEC Article 300 and any
applicable local codes. The gland
accepts ½” conduit/
/ Open the box using hinges/
C/ Connect AC Mains per wiring diagram
below:
a/ Connect AC Neutral wire to the Surge Protector white Neutral wire using the open position on the lever nut/
K/ Connect AC Line wire to the Surge Protector black Line wire using the open position on the lever nut/
b/ 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

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 95 16
FAQs about AC-Powered Flock Cameras

What voltage is supported?

The AC kit is designed to work with 120VAC Infrastructure by default. A 240VAC version is available on request.

How much power does this consume

Peak current draw is 1.5 A at 120VAC. The average power draw is roughly 30W in high traffic conditions but maybe lower when fewer vehicles are present.

Who is responsible for contracting the electrician?

The customer is responsible for contracting an electrician. We can help answer questions, but the customer is responsible for identifying and contracting an electrician.

Who is responsible for maintenance?

Flock will handle all maintenance related to Flock’s camera and power equipment.

However, any problems with the electrical supply are the customer’s responsibility.

The AC junction box has two lights to indicate the presence of power and make it easy for quick diagnosis if there is a problem related to the AC power source If the camera indicates to Flock that there is a power supply problem, Flock will notify the customer and request that the customer verifies the lights on the AC junction box. If the AC Source light is illuminated, Flock will send a technician to investigate. If the AC source light is not illuminated, the customer should check any GFCI’s or breakers in the supply circuit or call the electrician who installed the power supply.

How much does it cost?

Work required to bring AC power to each location will be different, so exact pricing is unavailable. Primary cost drivers include arrow boards and the distance from the camera location to the AC power source.

What information do I need to provide my electrician?

The Flock deployment plan and these work instructions should be sufficient to secure a quote. It will be helpful if you know the location of the existing power infrastructure before creating the deployment plan.
?
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 96 17
Can you plug it into my existing power outlet? The Flock AC power adapter does not use a standard outlet plug but must be directly wired into the power mains.

While using outlet plugs may be convenient, they can easily be unplugged, presenting a tampering risk to this critical safety infrastructure.

The electrician can route power directly to the camera with a direct wire-in connection if an outlet is close to the camera.

How long does this process typically take?

The installation process typically takes 6-8 weeks. To accelerate the process, be sure to have the electrician perform his work shortly after the Flock technician finishes installing the camera.

What kind of electrician should I look for?

Any licensed electrician should perform this work, though we have found that those who advertise working with landscape lighting are most suited for this work.

What happens if the electrician damages the equipment?

The customer is responsible for contracting the electrician. Any liability associated with this work would be assumed by the customer. If any future work is required at this site due to the electrical infrastructure or the work performed by the electrician would be the responsibility of the customer.

When should the electrician perform his work?

Once Flock installs the camera, you will receive an email alert letting you know that this has been completed. After this, you will need to schedule the electrician to route power to the pole.

What if my electrician has questions about Flock’s AC Kit?

You should share the packet with the electrician if they have questions.

What if the AC power is on a timer?

Sometimes the AC power will be on a timer (like used for exterior lighting). Flock requires that the AC power provided to the camera be constant. The source that the electrician uses must not be on a timing circuit.

AC-Power Kit Details
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 97 18
Installation Service Brief Summary
Below outlines the statement of work for the Flock Camera Installation:

What is covered by Flock
Flock Cameras &
Online Platform
Mounting Poles
AC Power Kit (as needed)
Solar Panels (as needed)
Site Surveys and Call 811
Scheduling
Installation Labor Costs
Customer Support / Training
Cellular Data Coverage
Maintenance Fees

(review for
more details)
Fees Sheet
Data storage for 30 days
Traffic Control and any
associated costs
*DOT Approved Pole cost Electrician

& ongoing electrical costs
Engineering Drawings
Relocation Fees
Contractor licensing fees
Permit application processing fees
Specialist mounting equipment
Bucket trucks
Loss, theft, damage to Flock
equipment
Camera downtime due to
power outage
***Field Technician Maintenance
for Falcon™ Flex
excluding changes during
initial installation
Including, but not limited
to, MASH poles or
adapters
**
Only applicable for

AC-powered cameras
What is NOT covered by Flock Special note
*
**
***
If a location requires a "DOT pole" (i.e., not our standard), the implementation cost will be $5,000/camera; This cost is applicable for installations in GA, IL, SC, TN, and CA.

MASH poles: Manual for Assessing Safety Hardware (MASH) presents uniform guidelines for crash testing permanent and temporary highway safety features and recommends evaluation criteria to assess test results

If a camera is lost, stolen, or damaged, a replacement device can be purchased at a discounted price of $800

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 98 19
Permitting: Pre-Install Questionnaire
Traffic Control & Installation Method"

, this typically necessitates an entire lane to be
blocked in the direction of travel.

If a bucket truck is required
Can you provide a patrol car escort, or will
full traffic control be required?*

4. AC Power vs. Sola

If AC powered, is there a 120V power source available, and is there access to an electrician who can connect the existing wire to the Flock Safety powered h

If solar-powered, consider the size of the solar panel and potential to impact the visibility of DOT signs/signalsc

Single Panel: 21.25" x 14" x 2" (Length x Width x Depth[

Double Panel: 21.25" x 28" x 2" (LxWxD)
installation kit

3. Right of Waá

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)h

What is the RoW bufferh

Will additional permits or written permission be required from third-party entities (such as DOT, power companies, public works, etc.)h

Will any cameras be installed on city-owned traffic signal poles (vertical mass)?Ú

If yes, please provide heights/photos to determine if a bucket truck is needed for the installation.Ú

Note: A bucket truck is required if the height exceeds 15 feet tall.

2. Timelin(

In Flock Safety’s experience, in-depth permitting requirements can

The SLA for permit document submission is within 15 days from contract signature date (contract Closed-Won)

add 2+
months to the installation timeline.:

1. PLEASE NOTE: If traffic control is required, you may incur additional costs due to city/state requirements; Fees will be determined by quotes received.

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 99 20
Paperwork & Required Form

Flock Safety will need copies of paperwork to complete before proceeding (ex., business license applications, encroachment permit applications). We can save critical time by gathering these documents upfront. We appreciate your assistance in procuring these.

5. Contact

If Flock Safety needs to interface directly with the departments, please share the contact information of the following departments6

PermittinZ

Public WorkY

Traffic Department

6. Will standard plans suffice, or are custom plans needed? Custom plans can double the cost, while standard plans can be pulled from the Manual of Uniform Traffic Control Devices p

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 engineerz

Are there state-specific special versions/variances that must be followedz

, the shoulder or sidewalk should suffice and
enable Flock Safety to proceed without traffic control systems in place.

Note: In some states (i.e., arrow boards), sidewalks may require signage. If signage is mandatory, Will your Public Works department be able to assist?
If full traffic control is required (cones, arrow boards, etc.)® (MUTCD)
If a bucket truck is not required
Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 100
21 After a deployment plan with Designated Locations and equipment has been agreed upon by both Flock and the Customer, any subsequent changes to the deployment plan (“Reinstalls”) driven by a Customer’s request will incur a fee per the table below.

What services incur fees'
Requested relocations post-approval by customer:
Relocations due to poor performance will be the responsibility of Floc# If a customer requests a location against the advisement of Flock, performance issues and any requested relocations will be the responsibility of the customer
Per the contract and absent a defect, in the event that Flock Hardware is lost, stolen, or damaged, Customer may request that Flock replace the Flock Hardware at a fee according to the then-current Reinstall policy

Misc billables for out of scope items for each implementation

https://www.flocksafety.com/reinstall-fee-scheduleC
*Fee Schedule
All fees are per reinstall or required visit (in the case that a reinstall is attempted but not completed) and include labor and materials. If you have any questions, please email [email protected].

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 101
22 Help Center
Our Help Center is filled with many resources to help you navigate through the online platform. Below you will find some common questions and their relevant help article:

How do I search camera footage?

How do 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? Customer Support
You can reach our customer support team anytime by emailing . They can help answer any “How-To” questions

you may have.
[email protected]
Help Center
How do I use the National Lookup to search for a plate? How do I reset my / another user’s password?

(National Lookup - network of law enforcement agencies that have opted to allow their network of Flock cameras to be used for searches)

Docusign Envelope ID: B05E2655-F313-4188-BBA4-DBCA015380F8 102
Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”). This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A.

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and
WHEREAS, Flock desires to provide Customer the Flock Services 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 and evidence gathering for law enforcement purposes, (“Permitted Purpose”).
103

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 “Agreement” means the order form (to be provided as Exhibit A, “Order Form”), these terms and conditions, and any document therein incorporated by reference in section 11.4.

1.3 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.4 “Customer Data” means the data, media, and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.6 “Effective Date” means the date this Agreement is mutually executed (valid and enforceable) by both Parties.

1.7 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.11 “Footage” means still images, video, audio, and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Permitted Purpose” means for legitimate public safety and/or business purpose, including but not limited to the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law.

1.14 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the applicable Order Form. Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices.

1.15 “Term” means the date, unless otherwise stated in the Order Form, upon which the cameras are validated by both Parties as operational.

1.16 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.
105

2. SERVICES AND SUPPORT

Parties understand that such updates are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Services are being used for 106
malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”).

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances.

In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS
107

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up-to-date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services (e.g., laptops, internet connection, mobile devices, etc.). Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

4. DATA USE AND LICENSING

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, 108
content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the 109
foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement.

Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or 110
third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.2 Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide Customer with sixty (60) days’ notice (email sufficient) prior to the end of the Initial Term or Renewal Term (as applicable). Any such changes to fees shall only impact subsequent Renewal Terms.

6.3 Taxes. To the extent Customer is not a tax exempt entity, Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required. 111

7. TERM AND TERMINATION

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and

11.6. 112

8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to Flock service, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

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 113
PARTICULAR PURPOSE. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.