DATE:
February 20, 2024
TO:
Paul Buddenhagen, City Manager
FROM:
Jeff Jennings, Police Chief
SUBJECT:
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A 2-Year Lease Agreement With Flock Safety, Inc. For An Automated License Plate Reader System, Appropriate Funding For The System, and Delegate Authority To The City Manager To Extend The Lease Agreement For Up To Three Additional Years For A Total Cost Not to Exceed $61,000 Annually Recommendation
Staff recommends the City Council authorize the City Manager to enter into a 2-year lease agreement with Flock Safety, Inc. for an Automated License Plate Reader (ALPR) camera system for the City of Emeryville.
Background
On December 19, 2023, Police Department staff facilitated a presentation to the City Council on Automated License Plate Reader (ALPR) technology systems. The City Council approved the use of an ALPR system and authorized a 16-camera fixed mounted system by Resolution No. 23-166.
The Police Department chose to negotiate with Flock Safety, Inc. as its ALPR vendor based on the service provided, testimonials from local law enforcement agencies in Alameda County, and the desirable hardware offered by this vendor.
Flock Safety, Inc. has agreements with over 200 law enforcement agencies and cities in California. Flock Safety, Inc. meets or exceeds all mandated requirements in SB 54, the California Values Act, relating to data sharing restrictions with immigration enforcement, and SB 34, regarding policy transparency with a policy portal that the public can access.
The Flock Safety Inc., ALPR camera system is an investigative tool that is designed to prevent and solve crimes using state-of-the-art technology. The Flock Safety, Inc. camera system is equipped with night vision infrared and ALPR. Information is stored in a controlled database for 30 days that is only accessible by authorized law enforcement personnel. The Flock Safety, Inc. ALPR camera system also alerts law enforcement agencies whenever a stolen/wanted vehicle enters their jurisdiction.
Discussion
After concluding that installing the Flock Safety, Inc. ALPR system would benefit the City of Emeryville, staff evaluated the merits of a lease agreement versus outright ownership of the equipment. With the recommended lease option, the cameras are owned, maintained, serviced, and installed by Flock Safety, Inc. The Flock ALPR cameras are wireless, free of infrastructure setup, and have the option for solar or direct power. They also include a two-year warranty, Criminal Justice Information Services (CJIS) compliant cloud-based hosting, unlimited user licenses, ongoing software enhancements, camera setup, mounting, shipping, handling, and a cellular connection. The lease program prevents the City from being burdened with maintaining costly equipment at the end of the agreement, which could require replacement. Flock Safety, Inc. will not have access to the data, as it is owned by the Police Department.
Staff addressed concerns of the public brought forth during prior public meetings regarding ALPR technology. The Flock Safety, Inc. ALPR system does not have video recording capabilities and is a license plate reader only camera system. Only approved staff will be authorized to access the Flock Safety, Inc. ALPR system. They will use personalized login information and they will be required to justify the ALPR investigative search. This mandatory login process allows the Police Department’s administration to control and audit exactly when, who and why the Flock ALPR system was utilized. Flock Safety, Inc. has taken significant safety measures to ensure that their collected data is safe and secure.
The Police Department selected Flock Safety, Inc. as the recommended vendor based on the following:
The provider has encrypted evidence transfer that is compatible with the Department’s pre-existing evidence repository.
The provider has a 30-day retention policy that aligns with the Department’s Policy.
The provider has a unique Transparency Portal that fulfills the need of the Department in its goal to be transparent.
The provider has policies that align with the Department’s prohibition on sharing information with US Customs and Border Patrol and comply with the TRUST Act.
The provider ensures that the Department owns the rights to all images collected through the use of their equipment and can work to ensure strict compliance with EPD’s policy prior to allowing access.
In compliance with state law SB 54 and EPD policy, EPD is prohibited from sharing data for the sole purpose of immigration enforcement.
Flock Safety, Inc. is the only fully integrated ALPR one-stop solution, from production of the camera to delivery and installation, that the Police Department recommends (see Attachment 4 – Sole Source Letter).
If the City Council approves entering into a lease agreement with Flock Safety, Inc., Emeryville will join the Alameda County cities of Alameda, Livermore, Pleasanton, Hayward, San Leandro, Fremont, Union City, Newark, Piedmont, Berkeley, and Oakland, as well as the Alameda County Sheriff’s Office, who all currently use the Flock Safety, Inc. ALPR camera system.
Fiscal Impact
On December 19, 2023, the City Council approved the use of a 16 camera ALPR system, for 24 months. At that time, we estimated $98,400 for 16 cameras. Flock Safety, Inc.’s proposal for a 2-year agreement is approximately $108,732 plus $2,400 for one-time installation charges for a total of $111,132. The department is requesting an additional allocation of just under 10% of the projected $111,132, which will cover the cost of staff training and any incidentals plus future cost increases in year two. The total project cost for the 2-year agreement will not exceed $122,000.
The Police Department is requesting a budget adjustment and appropriation of $122,000 to account 2200 85000, the rental/lease account. The appropriation is requested to be split equally between two fiscal years. The department is requesting appropriation of $61,000 for FY24/25 and $61,000 for FY25/26, to the Police Department’s budget to finance the Flock Safety, Inc. ALPR system lease agreement. The Council is also requested to approve renewal of this agreement based on acceptable service as determined by the City Manager in order to pay for up to an additional three years in an amount not to exceed $61,000 annually.
Staff Communication with the Public
Staff communicated with the public three times at the City’s Public Safety Committee meetings and once at the City Council meeting on December 19, 2023.
Conflict of Interest
None.
Conclusion
Staff seeks City Council approval to authorize the City Manager to enter into a 2-Year Lease Agreement with Flock Safety, Inc. for an automated license plate reader system, appropriate funding for the system, and delegate authority to the City Manager to extend the Lease Agreement for up to three additional years for a total cost not to exceed $61,000 annually.
PREPARED BY: Oliver Collins, Captain
Jeff Jennings, Chief of Police
APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:
Paul Buddenhagen, City Manager
ATTACHMENTS
Draft Resolution
Exhibit A - Lease Agreement with Flock Safety, Inc., 2-year Professional Services Contract including Master Services Agreement with Flock Safety, Inc.
Exhibit B - Sole Source Letter
Flock Safety, Inc. ALPR Agreement
| February 20, 2024
City of Emeryville
CALIFORNIA
MEMORANDUM